HomeMy WebLinkAbout2009-3420.Bavaro.11-06-02 DecisionCommission de
YCrown Employees
Grievance
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Settlement Board
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Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2009-3420, 2010-0055, 2010-0057, 2010-0058
UNION#2010-5109-0003, 2010-5109-0006, 2010-5109-0007, 2010-5109-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bavaro)
Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFOREVice-Chair
Reva Devins
FOR THE UNION
Val Patrick
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Mark Upton
Liquor Control Board of Ontario
HR Consultant
HEARING
May 31, 2011.
- 2 -
Decision
[1]The parties have agreed to an expedited mediation-arbitration process to effect timely
disposition of grievances. The parties specifically agreed that this matter was properly
referred for expedited mediation-arbitration and that, after a failed mediation effort, the
Vice-Chair should issue a written decision that is without prejudice or precedent.
[2]The Grievor was suspended for one day for abandoning his workstation and for three days
for insubordination and swearing at his supervisor in front of his co-workers. The Grievor
admits that he left his workstation, but states that he was compelled to do so at the end of
his shift because he felt uncomfortable in the continued presence of his supervisor. He also
admits to swearing at his supervisor on one occasion, but not in the instance alleged by
management. He grieves his disciplinary suspensions. He further grieved the conduct of
his supervisor and asked that he be reassigned to another supervisor.
[3]The same individual no longer supervises the Grievor and no further remedy was pursued.
Therefore the grievances dated January 19 and February 8, 2010 are dismissed.
[4]With respect to the two suspensions, having considered the submissions of the parties I find
that the discipline imposed was excessive in the circumstances. I would not interfere with
the first suspension of one-day for abandoning his position but would reduce the second
suspension to 1 day. The grievance is allowed in part.
[5]I will remain seized in the event that an issue arises with respect to the implementation or
interpretation of my Award.
nd
Dated at Toronto this 2 day of June 2011.
Reva Devins, Vice-Chair