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HomeMy WebLinkAbout2016-0795.Gringhuis.16-12-06 Decision Crown 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#2016-0795 UNION#2016-0368-0106 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Gringhuis) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Deborah J.D. Leighton Vice-Chair FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Sia Romanidis Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING November 24, 2016 - 2 - Decision [1] Mr. Adam Gringhuis, a Correctional Officer at the Central East Correctional Centre, filed a grievance on June 13, 2016, alleging that the employer breached the collective agreement by disciplining him with a five day suspension when he was conducting a work refusal. He seeks full redress, damages, and to have the discipline removed from his record. The employer submitted that there was no violation of the collective agreement and the discipline was appropriate in all of the circumstances. [2] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons. [3] Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I have decided to substitute the five day suspension with a lesser penalty. The employer is hereby ordered to remove the letter imposing a five day suspension and replace it with a letter imposing a three day suspension. Consequently, the employer is also ordered to pay the grievor for two days pay. Dated at Toronto, Ontario this 6th day of December 2016. Deborah J.D. Leighton, Vice Chair