HomeMy WebLinkAbout2015-3446.Huppert.16-12-28 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 2015-3446
UNION 2016-0135-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Huppert) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Corrections) Employer
BEFORE Tatiana Wacyk Vice-Chair
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Heather McIvor
Treasury Board Secretariat
Labour Practice Group
Counsel
HEARING December 12, 2016
2
Decision
[1] The grievor was discharged on March 31, 2016. He grieves his discharge,
pursuant to Article 22.8.2 of the Collective Agreement.
[2] The parties agreed to an expedited process, and asked that I issue a ‘bottom
line’ decision without reasons.
[3] The parties submitted an Agreed Statement of Facts. In addition, I reviewed
video clips of the incidents at issue, and heard the viva voce evidence of Karen
Baxter, Superintendent, regarding the context in which the incidents occurred.
[4] I also heard the grievor’s viva voce evidence regarding his employment history,
and personal life, that serve as mitigating factors. The grievor also expressed his
remorse for his actions.
[5] Having considered all of the above, I substitute the grievor’s termination with a
suspension, effective from March 31, 2016 until December 31, 2016.
[6] The grievor is to be reinstated to work from January 1, 2017, with full seniority,
but without compensation for the period from March 31, 2016 until December 31,
2016. The discharge shall be removed from the grievor’s record and in its place
shall be substituted a suspension for the period of March 31, 2016 until
December 31, 2016.
[7] I remain seized with respect to the implementation of this award.
Dated at Toronto, Ontario this 28th day of December 2016.
Tatiana Wacyk, Vice Chair