HomeMy WebLinkAbout2012-3424.Rauche.13-05-07 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#2012-3424, 2012-3426
UNION#2012-0411-0033, 2012-0411-0035
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rauche) 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 Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Gary Wylie
Ministry of Government Services
Centre for Employee Relations
Staff Relations Officer
HEARING April 24, 2013.
- 2 -
Decision
[1] The Employer and the Union at the Ottawa Carleton Detention Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated Protocol. Some of the grievances were settled through that process. However,
a few grievances 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] Margot Rauche brought two grievances before this Board. The grievor was
suspended with pay for a period of five months. She was then given a disciplinary
suspension without pay. The parties resolved a number of matters regarding this incident.
[3] It is not necessary to set out the facts or submissions in these matters. Subsequent
to our med/arb day, the parties provided further written submissions.
[4] I have been persuaded by the Union’s submissions. Accordingly, the grievor is to
be made whole in terms of compensation and her seniority is to be adjusted so that she is
to be credited with all of her hours lost due to sick leave for the period at issue.
[5] I remain seized.
Dated at Toronto this 7th day of May 2013.
Felicity D. Briggs, Vice-Chair