HomeMy WebLinkAbout2023-03159.Senechal.24-03-14 Decision
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
GSB# 2023-03159
UNION# 2023-0248-0149
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Senechal) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Deborah J.D. Leighton Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Jennifer Charlton
Treasury Board Secretariat
Employee Relations & Negotiations
Division
Employee Relations Advisor
HEARING March 6, 2024
-2 -
Decision
[1] Ms. Tania Senechal, a Correctional Officer at the Hamilton Wentworth Detention
Centre, filed a grievance on May 6, 2023. She alleges that the employer breached
the collective agreement when it issued a three day disciplinary suspension to her
for abandoning her assigned post, leaving the institution without authorization
before the end of her shift on February 11, 2023, and falsifying the attendance
record by failing to accurately record her departure time on the time sheet. The
grievor seeks repayment of the 24 hours of lost wages. The employer maintains
that it had just cause to issue the discipline and there has been no breach of the
collective agreement.
[2] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with this matter. They asked that I issue a
decision without precedential value and without written reasons.
[3] Having carefully considered the submissions of the parties on the allegations of
the breach of the grievor’s rights and the jurisprudence of the Board, I have
decided to grant the grievance in part, by substituting a lesser penalty of a two-day
suspension. Accordingly, the Ministry is ordered to amend the discipline letter and
reimburse the grievor for eight hours of pay.
Dated at Toronto, Ontario this 14th day of March 2024.
“Deborah J.D. Leighton”
Deborah J.D. Leighton, Arbitrator