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HomeMy WebLinkAbout2014-0191.Dawkins.14-07-02 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#2014-0191, 2014-0192 UNION#2014-0582-0020, 2014-0582-0021 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Dawkins) 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 Nick Mustari Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Buky Adeoye Ministry of Government Services Centre for Employee Relations Employee Relations Officer HEARING June 19, 2014 - 2 - Decision [1] The Employer and the Union at the Toronto East Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the outstanding 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] Mr. Ian Dawkins has been a Correctional Officer since 1993. He filed two grievances on March 13, 2014. T he first alleges a breach of a Memorandum of Agreement that was signed by the parties on December 10, 2008. Included in that settlement was a provision that the Employer was to “advise Mr. Dawkins of the Deputy Superintendent positions that become available at the TEDC until June 10, 2011.” According to that agreement, any application from the grievor for that position was to be given appropriate consideration. In his March 13, 2014 grievance Mr. Dawkins claims the Employer did not comply with this provision and that there were a number of positions of which he was not informed. When asked for documentation in this regard, the grievor replied that he had brought none to the med/arb session but there were emails he sent and/or received. As a result he was given a f urther twenty-four hours to provide information. None was provided. [3] Not surprisingly it was the Employer’s position that this grievor is considerably out of time in the filing of this grievance. It was filed almost three years after the obligation to inform the grievor of certain positions expired. I agree and must dismiss the grievance on that basis. [4] The second grievance was regarding a three-day suspension imposed as the result of an incident on January 16, 201 4. Three allegations were set out as the cause for the three- day suspension. [5] I heard that facts and submissions of both parties and viewed video evidence of the incident. The evidence I saw and heard substantiated the three allegations. - 3 - [6] The grievance on its face references a violation of Article 3 – No Discrimination - of the Collective Agreement. However, when asked, the grievor said that he did not believe that the Employer discriminated against him in the imposition of this discipline. He felt that the Employer’s action was arbitrary and without merit but not discriminatory. [7] I agree with the Employer that there was just cause for some level of discipline. It was undisputed that Mr. Dawkins has been discipline free to this point. I have taken this fact and the grievor’s continued lack of accepting responsibility for this incident into account. For these reasons I am prepared to reduce somewhat the level of discipline. [8] Accordingly, the suspension is to be reduced to a two-day suspension. The letter of discipline shall be altered to comply with this ruling and the grievor is to be compensated for eight hours. [9] I remain seized. Dated at Toronto, Ontario this 2nd day of July 2014. Felicity D. Briggs, Vice-Chair