HomeMy WebLinkAbout2017-0132.Halls.18-07-25 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#2017-0132
UNION# 2016-0526-0055
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Halls) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Stephen Raymond Arbitrator
FOR THE UNION Lori Davis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Daria Vodova
Treasury Board Secretariat
Counsel
HEARING July 13, 2018
- 2 -
Decision
[1] The parties submitted this grievance to be determined by way of
mediation/arbitration in accordance with Article 22.16 of the Collective Agreement.
At the outset of the hearing, the parties agreed that I had the jurisdiction to deal
with this matter. Attempts at mediation were unsuccessful.
[2] Mr. Peter Halls, a Customer Service Representative with the Family Law Office,
Court Services of the Ministry of the Attorney General, filed a grievance on
December 8, 2016, alleging, among other things, that the employer breached the
Collective Agreement by issuing him a three day suspension without pay. Articles
2, 3 and 21 of the Collective Agreement were cited. The grievor seeks full redress,
damages, to have the discipline removed from his record and to be re-assigned to
his original workstation.
[3] The grievor was issued the above noted three day suspension on November 28,
2016 for violations of the Respectful Workplace Policy, including for sending
inappropriate emails to a female mediator who at the time worked in the same
office as the grievor. The emails in question were highly offensive, inappropriate
and included multiple derogatory words used towards women, specifically “cunt”,
“bitch” and “skank”. The grievor does not dispute having sent the emails. Further,
the grievor did not show any remorse for having sent the emails.
[4] Having reviewed all the material provided to me by the parties including material
brought by the grievor, I have no hesitation in determining that the grievor engaged
in behaviour worthy of discipline. The three day suspension was modest given the
material that I reviewed and I have no hesitation in upholding the discipline as just
in these circumstances.
[5] Having carefully considered the submissions of the parties, the jurisprudence of
this Board, and the documents submitted, I find that there has been no violation of
the Collective Agreement.
[6] The grievance is, accordingly, dismissed.
Dated at Toronto, Ontario this 25th day of July 2018.
“Stephen Raymond”
Stephen Raymond, Arbitrator