HomeMy WebLinkAbout2015-0724.Norton.16-03-30 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#2015-0724
UNION#2015-0467-0009
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Norton) 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 Gregg Gray
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Sia Romanidis
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING March 22, 2016
- 2 -
Decision
[1] The Employer and the Union at the Quinte Detention Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. A number of the grievances were settled through that process.
However, this grievance remained unresolved requiring 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] Mark Norton is a Correctional Officer who was assigned to the position of Log
Officer in the maximum area on November 26, 2014. An incident occurred that
day that brought about the disciplining of a number of officers including the
grievor who received a letter of warning.
[3] The Board was provided with facts and submissions. After a consideration of this
matter I am of the view that the grievance must be upheld. The Employer did not
discharge its onus to show that there was just cause for this officer to be
disciplined. The incident was serious and I understand and agree with the
Employer’s response with respect to other officers. However, I am not convinced
that the grievor’s conduct warranted a letter of warning.
[4] For those reasons, the grievance is upheld. I order the letter of warning to be
removed from his file forthwith.
Dated at Toronto, Ontario this 30th day of March 2016.
Felicity D. Briggs, Vice Chair