HomeMy WebLinkAbout2007-0019.Lavalee.07-07-23 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
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Ontario
GSB# 2007-0019
UNION# 2007-0135-0008
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
(Lavallee)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Bram Herlich
Ed Holmes
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Sunee1 Bahal
Counsel
Ministry of Government Services
July 19,2007.
Union
Employer
Vice-Chair
2
Decision
The grievor was discharged from his employment on March 9, 2007.
In the interests of expedition and notwithstanding the fact that discharge grievances are
not typically dealt with in this fashion, the parties agreed to put the matter before me in
accordance with the mediation/arbitration procedure provisions found in Article 22.16 of the
collective agreement.
The parties, again in the interests of expedition, asked that I issue a "bottom-line"
decision without reasons. Of course, pursuant to Article 22.16.7 of the collective agreement,
apart from resolving the instant grievance, this decision will be entirely without precedential
value.
Having regard to the submissions of the parties and the materials before me, I hereby
direct as follows:
1. The grievor is to be reinstated to the Windsor Jail as an unclassified
Correctional Officer effective July 19,2007.
2. The discharge effective March 9,2007 will be substituted with a 20 day
suspenSIOn.
3. The grievor will be credited with an additional 280 hours of service/seniority
only for the purpose of Appendix 24.
4. The grievor will not receive any retroactive compensation.
3
I shall remain seized in the event the parties encounter any difficulties in the
implementation of this award.
Dated at Toronto this 23rd day of July 2007.
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Bram Herlich
Vice-Chair
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