HomeMy WebLinkAbout2004-3120.Giraudy.07-07-20 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
Nj
~
Ontario
GSB# 2004-3120,2004-3121
UNION# 2004-0234-0658,2004-0234-0659
IN THE MATTER OF AN ARBITRATION
Under
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
(Giraudy)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Ken Petryshen
Gavin Leeb
Barrister and Solicitor
Sunee1 Bahal
Counsel
Ministry of Government Services
July 13 & 18,2007.
Union
Employer
Vice-Chair
2
Decision
In a bottom line decision dated July 5, 2007, I determined that Mr. Giraudy's discharge
shall be substituted with a three-month suspension and I directed the Employer to fully
compensate Mr. Giraudy for his losses, subject to the suspension and any mitigation earnings.
At a hearing on July 13,2007, the parties entered into an Interim Return to Work Agreement in
order to resolve some outstanding issues relating to Mr. Giraudy's grievances. Its terms included
that Mr. Giraudy be reinstated as a Provincial Bailiff effective July 5, 2007 and that he will
attend the Ontario Correctional Services College for six weeks of basic training commencing on
August 20,2007. One of the unresolved issues was where Mr. Giraudy would be assigned on a
permanent basis. The parties had further discussions about this issue and others at a hearing on
July 18,2007. The Employer took the position that Mr. Giraudy should be assigned to the
Mimico Correctional Centre. The parties agreed that I should make a direction with respect to a
permanent assignment for Mr. Giraudy.
Having regard to the positions of the parties and the representations of counsel, it is my
conclusion that Mr. Giraudy should be assigned to the Mimico Correctional Centre as a
Correctional Officer 2. Accordingly, the Employer is directed to assign Mr. Giraudy as a
permanent employee to the Mimico Correctional Centre as a classified Correctional Officer 2
once the basic training at the Ontario Correctional Services College is completed.
Dated at Toronto, this 20th day of July, 2007.