HomeMy WebLinkAbout2010-1431.Cox.12-10-16 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2010-1431, 2010-1482
UNION#2010-0642-0036, 2010-0642-0038
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cox) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING September 19 & 20, 2012.
- 2 -
Decision
[1] The Employer and the Union at the Monteith Correctional Centre agreed to participate in
the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most
of the grievances were settled through that process. However, a few remained unresolved and
therefore require a decision from this Board. The Protocol provides that decisions will be issued
within a relatively short period of time after the actual mediation sessions and will be without
reasons. Further, the decision is to be without prejudice and precedent.
[2] Mr. Donald Cox is a retired Maintenance Mechanic 2. He had worked at the Correctional
Centre for almost three decades when he retired.
[3] Prior to his retirement Mr. Cox filed two grievances. One alleged that he was verbally
assaulted by his manager on a particular day. The second alleged that he was disciplined without
just cause when he received a twenty-day suspension as the result of his failure to renew his gas
license certificate.
[4] After hearing the facts and submissions in this case I am of the view that discipline was
appropriate in these circumstances. However, it is reduced to seven days. The Employer is to
amend the grievor’s record accordingly and compensate Mr. Cox for thirteen days pay.
[5] The grievance alleging harassment is dismissed.
[6] I remain seized.
Dated at Toronto this 16th day of October 2012.
Felicity D. Briggs, Vice-Chair