HomeMy WebLinkAbout2014-5031.Snyder.15-04-27 DecisionCrown Employees
Grievance Settlement
Board
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180 Dundas St. West
Toronto, Ontario M5G 1Z8
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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#2014-5031
UNION#2013-0642-0052
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Snyder) 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 Jackie Crawford
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING April 21, 2015
- 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.
Many 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] Mr. Brian Snyder is a long service Correctional Officer who received a five-day
suspension. The reasons for the discipline were set out in a letter dated September 30,
2013. He filed a grievance alleging that he had been disciplined without just cause and
asked that the discipline be rescinded.
[3] There was no significant dispute on the facts and it is not necessary to set them out in this
decision. It is sufficient to say that given the facts and the mitigating factors in this
matter, I am of the view that although some level of discipline is appropriate, a five-day
suspension is too severe. Accordingly, I order the discipline be reduced to twelve hours.
The grievor is to be appropriately compensated for the lost income.
[4] The Employer conceded that it understood that there was no question that the grievor
intended to – or did - improperly profit from the unfortunate situation that brought about
this discipline. Indeed, from the grievor’s point of view he was acting in good faith as the
result of a request originally initiated by a member of management. For that reason, the
letter of discipline is to be reissued taking that concession into account.
[5] I remain seized.
Dated at Toronto, Ontario this 27th day of April 2015.
Felicity D. Briggs, Vice-Chair