HomeMy WebLinkAbout2012-2321.Cashion.13-10-31 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#2012-2321, 2013-0408, 2013-0409, 2013-0500, 2013-0539, 2013-0559
UNION#2012-0411-0027, 2013-0411-0010, 2013-0411-0011, 2013-0411-0012, 2013-0411-0013,
2013-0411-0016
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cashion) 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 Laura Josephson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Gary Wylie
Ministry of Government Services
Centre for Employee Relations
Employee Relations Officer
CONFERENCE CALL October 29, 2013
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Decision
[1] Mr. Stephen Cashion is a Correctional Officer at Ottawa Carleton Detention Centre who
filed two grievances alleging that he was disciplined without just cause and that the
Employer violated the WDHP policy “by creating a poisoned work environment”.
[2] Fred O’Toole is also a CO at OCDC. He filed a grievance that he was disciplined without
just cause.
[3] The two grievors were both suspended without pay for an alleged excessive use of force
incident.
[4] After a med/arb session and a subsequent conference call this Board issued a decision
regarding how these matters shall proceed. Two days of hearing were scheduled to deal
with the grievances.
[5] A number of months after that decision, Mr. Cashion was discharged from his
employment. He filed a grievance alleging that he was discharged without just cause.
That grievance was assigned to another Vice Chair at a joint file review meeting.
[6] The parties recently met to discuss how the grievances before this Board should proceed.
During this session the Employer put the Union on notice that it would be making a
preliminary motion to this Vice Chair that the discharge grievance should also be heard
and determined by this Vice Chair.
[7] The Union took issue with the Employer’s intention because it was of the view that it
would cause significant delay before Mr. Cashion’s discharge grievance would be
determined.
[8] A conference call was held on October 29, 2013 to discuss possible methods of
proceeding upon which that both parties could agree.
[9] During the course of that conference call the following was agreed:
• Two days, specifically November 5, 2013 and December 20, 2013 will be
utilized for the purpose of hearing the suspension grievances of Mr.
O’Toole and Mr. Cashion.
• These days will proceed without the aid of counsel. The parties will ensure
that all witnesses are available on the second day of hearing.
• A short decision in accordance with Article 22.16 will be issued.
• On February 13, 2013, the hearing into the discharge of Mr. Cashion will
commence. Both parties will have the assistance of counsel during this
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proceeding. At this point, the hearing into the discharge is not in
accordance with Article 22.16. The parties will discuss the process for this
proceeding in sufficient time prior to February 13, 2013 with the
assistance of the Vice Chair if needed.
• The remaining grievances of Mr. Cashion and Mr. O’Toole will be heard
in accordance with Article 22.16 at the conclusion of the hearing into the
discharge of Mr. Cashion.
Dated at Toronto, Ontario this 31st day of October 2013.
Felicity D. Briggs, Vice-Chair