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HomeMy WebLinkAbout2014-5045.Dvorak.15-11-18 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#2014-5045 UNION#2015-0368-0092 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Dvorak) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Belinda A. Kirkwood Vice-Chair FOR THE UNION Elba Bendo Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Susan Munn Treasury Board Secretariat Legal Services Branch Counsel HEARING November 16, 2015 - 2 - Decision [1] The Grievance claimed that the Employer had violated Articles 2, 3.2 and 21 of the collective agreement by improperly disciplining the Grievor while he was conducting duties as an elected executive member of Local 368. [2] The Grievor received a five day suspension for having, and using a cellphone while on duty, contrary to the Institutional Services Policy and Procedures Manual, and for failing to follow a directive of his manager to wait in the servery for the manager’s direction, contrary to the Code of Conduct and Professionalism policy, following an interaction on a Health and Safety matter on January 8, 2015. [3] The matter proceeded under Artticle 22.16 of the collective agreement and the parties agreed that I should award a ‘bottom line’ decision. [4] After hearing the submissions of Counsel and reviewing the documents and case law filed, I find that while there was just cause for discliplining the Grievor for possession and use of a cellphone while on duty, and for failing to follow his manager’s directives on January 8, 2015, in the circumstances that the penalty be reduced to a one day suspension. Dated at Toronto, Ontario this 18th day of November 2015. Belinda A. Kirkwood, Vice Chair