HomeMy WebLinkAbout2022-11277.Standish.23-06-15 Decision
GSB# 2022-11277
UNION# 2022-0368-2338
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Standish) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian P. Sheehan Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Nishal Nair
Treasury Board Secretariat
Employee Relations Advisor
HEARING May 10, 2023
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
- 2 -
Decision
[1] The Employer and the Union at the Central East Correctional Centre agreed to
participate in the Expedited Mediation/Arbitration process in accordance with the
negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to
say, that the parties have agreed to a True Mediation/Arbitration process wherein
each party provides the Arbitrator with their submissions setting out the facts and
the authorities they respectively will rely upon. This decision is issued in
accordance with the Protocol and with Article 22.16 of the collective agreement,
and it is without prejudice or precedent.
[2] Patrick Standish (the "Grievor") is a Correctional Officer 2 employed at the Central
East Correctional Centre.
[3] On November 23, 2022, the Grievor received a 3-day suspension for failing to
complete security rounds as required on August 12, 2021. In particular, the Grievor
along with other Correctional Officers (COs) assigned to Unit 4B that day were
required to complete patrols at least twice each hour at staggered intervals, no
longer than 30 minutes apart.
[4] It would appear without dispute that the Grievor failed, along with the other COs
assigned to the Unit, to complete the patrols as required for a period of
approximately 2 hours on the day in question.
- 3 -
[5] An inmate was apparently seriously assaulted on that Unit during the relevant
period in question.
[6] The Union and the Grievor claimed a significant mitigating factor was that as a
result of the impact of the COVID-19 pandemic, the Unit was significantly short-
staffed on the day in question. It was further asserted that when the Officers
approached the Sergeant supervising the staff on the Unit that day with their
concerns about being short-staffed, the response provided was to make do as best
they could.
[7] The Employer indisputably had just cause to discipline the Grievor for failing to
complete the security patrols as required. It is my determination, however, given
the relevant mitigating factors, that the penalty should be reduced from a 3-day
suspension to a 1-day suspension.
[8] The grievance is therefore upheld in part, and the Grievor is to be made whole with
respect to any lost wages and benefits.
Dated at Toronto, Ontario, 15th day of June 2023.
“Brian P. Sheehan”
Brian P. Sheehan, Arbitrator