HomeMy WebLinkAbout2016-0060.Bedoya.16-12-21 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#2016-0060
UNION#2016-5112-0031
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bedoya) 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 Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING December 7, 2016
- 2 -
Decision
[1] The Employer and the Union at the Toronto South 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] Ms. Myriam Bedoya is a Housekeeper at Toronto South Detention Centre. On
March 3, 2016 she received a three-day suspension for subjecting a colleague to
harassment. Four months earlier she had received a Letter of Reprimand for
inappropriate behavior including engaging in “a course of vexatious comments
and/or conduct against other employees that ought reasonably to be known to be
unwelcome”. No grievance was filed regarding the Letter of Reprimand.
[3] Ms. Bedoya filed a grievance asserting that the three-day suspension was
discipline without just cause and requested “all discipline be removed from my file
and harassment against me and my good name to cease and desist”.
[4] It is not necessary to go into detail regarding the facts of this matter. It is sufficient
to say that the Board reviewed WDHP documents – including the report – as well
as numerous Occurrence Reports written by various employees.
[5] After considering the facts and submissions of the parties I am of the view that the
Employer was justified in meting out discipline to the grievor. However, in my view
the three-day suspension was too severe. Accordingly, I order the Employer to
adjust the records to show that the grievor was suspended for one day. Further,
the grievor is to be compensated for two days.
- 3 -
[6] Accordingly, the grievance is upheld, in part.
[7] I remain seized.
Dated at Toronto, Ontario this 21st day of December 2016.
Felicity D. Briggs, Vice Chair