HomeMy WebLinkAbout1989-1674.Fraser.90-12-07 GRIEVANCE C,OMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
DUNDAS STREET WE5I",
RUE DUNDA~ Or. JEST,
1674/89
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEE8 COLLECTIVE B~RGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN ,~
OPSEU (Fraser)
Grievor
-- and -
The Crown in Right of Ontario
(Ministry of Correctional Services)
Employer
BEFORe: N. Dissanayake vice-Chairperson
I. Thomson Member
D. Montrose Member
FOR THE H. Law
GRIEVOR Grievance officer
Ontario Public Service Employees
Union
FOR THE W. Thornton
EMPLOYER Counsel
Mathews, Dinsdale & Clark
Barristers & Solicitor?
HEARING: May 8, 1990
November 5, 6, 19, 20 1990
2
DECISION
This is a discharge grievance. At the conclusion
of the hearing, counsel for both parities agreed that the
Board should, if possible, issue a "bOttom line" decision
indicating its final disposition of the matter with
reasons to f~llow.
We have had the opportunity to review the
substantial evidence led in this matter. We have also
considered the able submissions of both counsel.
Having done so, we have unanimously reached the
following conclusions.
(1) The Employer has not established any culpable
conduct on the part of the grievor as would attract any
discipline with regard to the second and third
allegations set out in the letter of discharge dated
December 20, 1989. These related to the alleged failure
to follow proper institutional procedures concerning
drawing and returning of penthouse keys and the alleged
entering of the penthouse area without proper authority.
(2) The Employer has also failed to establish that
on December 1, 1989 the grievor engaged in inappropriate
physical contact of a sexual nature with a young
offender.
(3) The Board finds however, that the'grievor used
extremely poor judgement in allowing himself to be found
alone in an isolated area with a young offender in the
circumstances that existed on December i. His conduct
was contrary to the institution's policy which was within
his knowledge and therefore culpable.
In light of the foregoing findings the Board has
concluded that there was no Just cause for discharge of
the grievor, although a lesser form of discipline was
justified.
Accordingly the Board directs:
(a) that the grievor be reinstated forthwith in his
former job without loss of seniority.
(b) that a written warning shall be recorded on the
grievor's files for his conduct set out in para 3 of the
Board's conclusions set.out above.
(c) that the grievor be compensated for loss of
wages and benefits, resulting from his discharge.
The Board remains seized in the event the parties
encounter difficulty in implementing this award.
written reasons for the Board's decision will
follow.
Dated this ?th day of December, 1990at Hamilton, Ontario
N0 Dissanayake
Vice-Chairperson
.~I,' Thomson Member
D. Montrose
Member