HomeMy WebLinkAbout2012-2572.Tessier.16-06-16 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#2012-2572
UNION#2012-0617-0021
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Tessier) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Ian Anderson Vice-Chair
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Treasury Board Secretariat
Centre For Employee Relations
Employee Relations Advisor
HEARING June 9, 2016
- 2 -
Decision
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of the
grievances are normally settled pursuant to that process. However, if a grievance
remains unresolved the protocol provides that the Vice Chair of the Board, based on the
evidence provided during the mediation session, will immediately decide the grievance.
The decision will be without reasons, without precedent and prejudice and will be issued
within fifteen working days of the mediation unless the parties agree otherwise.
[2] On June 10, 2016 the parties at the Sudbury Jail agreed to participate in the
Expedited Mediation-Arbitration process in accordance with the negotiated protocol.
[3] The Grievor filed a grievance dated September 15, 2012 with respect to a one day
suspension he received for abuse of sick leave on July 26, 2012. On that day, a
supervisor testified that he observed the Grievor performing labouring work for a
landscaping business owned by the Grievor. The Grievor denies that this was the
case. Having considered the evidence, I prefer the evidence of the supervisor to that of
the Grievor.
[4] Accordingly, I hereby deny this grievance.
Dated at Toronto, Ontario this 16th day of June 2016.
Ian Anderson, Vice Chair