HomeMy WebLinkAbout2012-1243.Perry.13-06-03 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#2012-1243
UNION#2012-0337-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Perry) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Tim Mulhall and Laura Josephson
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Karen Martin
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING May 28, 2013.
- 2 -
Decision
[1] The grievor in this case, Mr. Eldon Perry, received a five day suspension on
January 12, 2012 for his conduct on December 15, 2011.
[2] At the mediation/arbitration scheduled to deal with this matter, the parties agreed
that it was to be dealt with pursuant to the expedited arbitration process set out in Article
22 of the Collective Agreement. That process provides in part:
22.16.1 Except for grievances concerning dismissal, sexual harassment,
and/or human rights, and Union grievances with corporate policy
implications, all grievances shall proceed through the GSB to a single
mediator/arbitrator for the purpose of resolving the grievance in an
expeditious and informal manner.
22.16.2 The mediator/arbitrator shall endeavour to assist the parties to
settle the grievance by mediation. If the parties are unable to settle the
grievance by mediation, the mediator/arbitrator shall determine the
grievance by arbitration. When determining the grievance by arbitration,
the mediator/arbitrator may limit the nature and extent of the evidence and
may impose such conditions as he or she considers appropriate. The
mediator/arbitrator shall give a succinct decision within five (5) days after
completing proceedings, unless the parties agree otherwise.
22.16.7 Decisions reached through the mediation/arbitration process shall
have no precedential value unless the parties agree otherwise.
[3] Mr. Perry was disciplined for several reasons, including insubordination and the
use of profanities while dealing with his manager. It is a well established principle that
the purpose of discipline is corrective. In this case it was intended to send a clear
message to the grievor that certain behaviors in the workplace are not acceptable and
that he must refrain from this type of behavior or face further discipline. After speaking
at some length with the grievor I am not satisfied that he has accepted the need to
modify his behavior or that he understands that he must change his way of dealing with
those in authority or risk further discipline. He denied engaging in most of the conduct
for which he was disciplined and never simply admitted that he had been wrong to do
- 3 -
what he did and apologized. I am not satisfied that his response in the future to the
events giving rise to the discipline would be significantly different.
[4] Had the grievor candidly acknowledged the inappropriateness of his conduct in
an unqualified manner I would have reduced the length of the suspension. As he did not
do so I am not prepared to substitute a lessor suspension in this case. Accordingly the
five day suspension stands and the grievance is dismissed.
Dated at Toronto this 3rd day of June 2013.
Janice Johnston, Vice-Chair