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HomeMy WebLinkAbout2006-1850.Gordon.06-12-19 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 IN THE MATTER OF AN ARBITRATION Under Nj ~ Ontario GSB# 2006-1850 UNION# 2004-0582-0117 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Gordon) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Gerry Lee Scott Andrews Grievance Officer Ontario Public Service Employees Union Barry Thomas Labour Management Liaison Ministry of Community Safety and Correctional Services November 1, 2006. Union Employer Vice-Chair 2 Decision In an effort to resolve issues and grievances arising out of the Employer's "Firewall" and other emaillIT type investigations, the parties agreed to an expedited mediation-arbitration process in September 2004. These investigations centred on alleged improper use of the Employer's information technology resources by MCSCS employees. It is not necessary to reproduce the parties' agreement here. Suffice it to say, that the parties have agreed to resolve matters at mediation; failing which they have agreed to utilize an expedited arbitration process. Arbitration decisions are issued in a manner similar to Article 22.16 of the collective agreement, without reasons, and are without precedent or prejudice. Due to the enormity and complexity of this process, witnesses and/or grievors were not called to give oral evidence. The Parties are to be commended for proceeding to deal with these matters in a pragmatic and professional manner given all of the circumstances. It is clear that if all the particulars had been litigated by calling the multitude of required witnesses, scores of hearing days would have been required. The process undertaken by the Parties provided for a thorough canvassing of the facts prior to and during the hearing. As a result, I am of the view that the procedure agreed to leads to a fair and efficient adjudication process. The grievor in this matter was issued with a 20-day suspension on November 25, 2005, for breaching the Employer's Workplace Discrimination and Harassment Prevention Policy and the Operating Procedures on Usage of!. T. Resources (IT Usage Policy). After fully reviewing the parties' submissions, it is my conclusion that the grievance should be allowed in part. The employer is directed to reduce the 20-day suspension to a 14-day suspension and reimburse the grievor for six (6) days pay, minus regular deductions. As requested by the parties, I shall remain seized of any issues arising from this award. Dated at Toronto this 19th day of December 2006 C:~O - Gerry e Vice-Chat