HomeMy WebLinkAbout2021-0553.Bowen.24-06-20 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# 2021-0553
UNION# 2021-0678-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bowen) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Deborah J.D. Leighton Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Treasury Board Secretariat
Employee Relations & Negotiations
Employee Relations Advisor
HEARING June 5, 2024
-2 -
Decision
[1] Ms. Beverly Bowen, a Correctional Officer at the Algoma Treatment and Remand
Centre, filed a grievance on April 29, 2021, alleging that the employer breached
the collective agreement when it issued a two day suspension to her for
unprofessionalism and insubordination. The union maintains that the discipline
was excessive. The grievor seeks full redress. The employer submits 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 find that the
discipline was appropriate in the circumstances and hereby deny this grievance.
Dated at Toronto, Ontario this 20th day of June 2024.
“Deborah J.D. Leighton”
Deborah J.D. Leighton, Arbitrator