Loading...
HomeMy WebLinkAbout2015-2281.Hebert.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#2015-2281 UNION#2015-0617-0029 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Hebert) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Ian Anderson Vice-Chair FOR THE UNION John Wardell Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER James Cheng 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 July 1, 2015 with respect to a seven day suspension he received with respect to a series of alleged infractions on April 22, 2015. [4] The first allegation is that a block door was left propped open in violation of Standing Orders of Procedure (SOP). The block door was propped open by the Grievor’s partner. However, security is a joint responsibility. Based on the evidence before me I find that the Grievor knew or should have known that the door was open and taken steps to ensure that it was closed. Thus this allegation is made out. [5] The second allegation is that the pipe chase doors were open contrary to the SOP. I am not satisfied that the evidence before me establishes that the Grievor knew or should have known that the pipe chase doors were open. Thus, this allegation is not made out. [6] The third allegation is that the Grievor failed to secure the door to # 13 corridor block in violation of the SOP. There is no dispute that the Grievor failed to do so. However, I accept the Grievor’s explanation as to why he failed to do so as a mitigating circumstance. [7] The fourth allegation is that the Grievor failed to secure a broom given to an inmate. There is no dispute that the Grievor failed to do so. I do not find that the evidence supports the Grievor’s explanation as to why he failed to do so. There are, therefore, no mitigating circumstances. Further, the Grievor’s attempted explanation suggests a failure to accept responsibility which is an aggravating factor. [8] The fifth allegation is that Grievor failed to properly maintain the log book on the day in question. The Grievor’s explanation as to why the log books were incomplete explains some but not all of the omissions. Therefore once again I find that the Grievor’s attempted explanation suggests a failure to accept responsibility which is an aggravating factor. [9] In the result, the Grievor engaged in some of the culpable conduct alleged, did not engage in some of the other conduct, has established mitigating circumstances in relation to some of the conduct, but has aggravated the situation by failing to accept - 3 - responsibility with respect to some of the conduct. Having regard to the Grievor’s disciplinary record, I would not disturb the discipline imposed by the Employer. [10] Accordingly, after having carefully considered the submissions of the parties I hereby deny this grievance. Dated at Toronto, Ontario this 16th day of June 2016. Ian Anderson, Vice Chair