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HomeMy WebLinkAbout2000-0797.Group.00-09-26 Decision o NTARW EMPU) YES DE LA COURONNE CROW"! EMPLOYEES DE L "()NTARW GRIEVANCE COMMISSION DE 1111 SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396 GSB #0797/00 et al. (See Schedule A) OPSEU #00E583 et al. (See Schedule A) IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Uillon (Gnevances lIsted m Schedule A) Grievor - and - The Crown m RIght of Ontano (Mimstn of CorrecTIonal ServIces/MonteIth CorrecTIonal Complex) Employer BEFORE Gem Lee Vice ChaIr FOR THE Jim Paul and Gavm Leeb GRIEVOR Gnevance Officers Ontano PublIc ServIce Employee Umon FOR THE Anna GulbmskI EMPLOYER Staff RelatIOns Officer Management Board Secretanat HEARING September 18, 19 & 20 2000 2 Schedule A LIST OF GRIEVORS GSB AND OPSEU FILE NUMBERS GRIEVANCE ISSUE (S) GSB FIle 0797/00 OPSEU FIle 00E583 KevIn CLANCY ArtIcle 2,21,22 (DIsmIssal) GSB FIle 0798/00 OPSEU FIle 00E584 Donald COX ArtIcles 2,21 22 (DIsmIssal) OPSEU FIle 99E153 Donald COX Fnvolous InvestIgatIOn GSB FIle 0822/00 OPSEU FIle 00E61 0 Enn DARRINGTON ArtIcles 2,21,22 (20 day suspensIOn) GSB FIle 0849/00 OPSEU FIle 00E640 DavId FLAMAIN ArtIcles 2,21,22 (20 day suspensIOn) OPSEU FIle 00E609 Serge BASTIEN ArtIcles 2,21,22 (3 day suspensIOn) GSB FIle 0788/00 OPSEU FIle 00E582 Raymond CAMIRAND ArtIcles 2,21,22 (3 day suspensIOn) GSB FIle 0806/00 OPSEU FIle 00E592 Bnan SNYDER ArtIcles 2, 21 22 (3 day suspensIOn) GSB FIle 0801/00 OPSEU FIle 00E587 Arnold DRA YES ArtIcles 2,21 22 (2 day suspensIOn) GSB FIle 0802/00 OPSEU FIle 00E588 IrvIn GARLOCK ArtIcles 2,21 22 (1 day suspensIOn) GSB FIle 0803/00 OPSEU FIle 00E589 Michel MINEAUL T ArtIcles 2,21 22 (1 day suspensIOn) GSB FIle 0807/00 OPSEU FIle 00E593 Barry WHITEHEAD ArtIcles 2,21 22 (1 day suspensIOn) GSB FIle 0805/00 OPSEU FIle 00E591 Denms SILK ArtIcles 2,21 22 (Repnmand) 3 DECISION The partIes engaged In a medIatIOn/arbItratIOn procedure In accordance wIth ArtIcle 22 16 of the CollectIve Agreement In an effort to resolve the above-captIOned gnevances ArtIcle 22 16 envIsages that gnevances are dealt wIth In an Informal and expedItIOus manner and that any decIsIOns Issued by an arbItrator are to have no precedentIaI value, unless the partIes agree otherwIse These thIrteen gnevances Involve the wIdespread mIsappropnatIOn of government resources at the MonteIth CorrectIOnal Complex and the dIscIplIne Imposed as a result. In the course of these proceedIngs, I was appnsed of the facts and CIrcumstances gIVIng nse to all of the gnevances that are currently before thIS Board. The partIes approached the Issues In a very professIOnal and appropnate manner and sIgmficant progress was made In comIng to a resolutIOn of these matters With respect to the decIsIOn to reduce the dIscIplInary penaltIes Issued to the gnevors, It must be emphasIzed that thIS Board IS not suggestIng that the employer be lement wIth employees who mIsappropnate government resources The pnmary reason for reducIng the dIscIplInary penaltIes, IncludIng the reInstatement of Gnevors Cox and Clancy IS that management at MonteIth CorrectIOnal Complex faIled to consIstently follow ItS own rules, polIcIes and procedures Furthermore, management condoned the use of government supplIes, tools and eqUIpment by these employees for theIr own personal use These factors contributed to the gnevors not fully recogmZIng the senousness of theIr mIsconduct. In the absence of these umque and exceptIOnal cIrcumstances, the Board would lIkely not have chosen to vary the dIscIplInary penaltIes AccordIngly I hereby order as follows 1 Gnevor Donald COX's termInatIOn of employment dated July 26 2000 shall be rescInded. Mr Cox shall be reInstated effectIve January 2,2001 wIth the penod In between July 26 2000 and the date of reInstatement beIng recorded as a suspenSIOn wIthout pay and wIthout benefits, but wIth no loss of semonty 2 Gnevor KevIn CLANCY's termInatIOn of employment dated July 26 2000 shall be rescInded. Mr Clancy shall be reInstated October 16 2000 wIth the penod In between July 26 2000 and the date of reInstatement beIng recorded as a suspenSIOn wIthout pay and wIthout benefits, but wIth no loss of semonty 4 3 Gnevors Enn DARRINGTON and DavId FLAMAIN's twenty (20) day (160 hour) suspenSIOns shall be rescInded and reduced to a ten (10) day (80 hour) suspenSIOn. AccordIngly the gnevors shall be compensated for 80 hours pay mInUS any regular deductIOns 4 Gnevors Serge BASTIEN Raymond CAMIRAND and Bnan SNYDER's three (3) day (24 hour) suspenSIOn shall be reduced to a one and a half (1 5) day (12 hour) suspenSIOn. AccordIngly the gnevors shall be compensated for 12 hours pay mInUS any regular deductIOns 5 Gnevor Arnold DRA YES' two (2) day (16 hour) suspenSIOn shall be reduced to a one (1) day (8 hour) suspenSIOn. AccordIngly the gnevor shall be compensated for 8 hours pay mInUS any regular deductIOns 6 Gnevors IrvIn GARLOCK, Michel MINEAULT and Barry WHITEHEAD's one (1) day suspenSIOn shall be rescInded and replaced wIth a letter of repnmand. AccordIngly the gnevors shall be compensated for 8 hours pay mInUS any regular deductIOns 7 Gnevor Denms SILK's letter of repnmand shall be rescInded and replaced wIth a letter of counsel 8 All gnevances are resolved as a result of thIS order and accordIngly closed. 9 I shall remaIn seIsed wIth respect to these matters and wIth respect to any ImplementatIOn Issues that may anse from thIS decIsIOn. Dated at Toronto, thIS 26th day of September 2000 Gerry Lee, Vice-Chair