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HomeMy WebLinkAbout2011-3150.Sguazzin.19-01-25 DecisionCrown 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# 2011-3150 UNION# 2011-0521-0041 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sguazzin) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE D.J.D. Leighton Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER David Marincola Treasury Board Secretariat Employee Relations Advisor HEARING November 7, 2018 -2- DECISION [1] Mr. John Sguazzin, a Correctional Officer 2 at Ontario Correctional Institute, now retired, filed a grievance on November 30, 2011, when he was at Mimico Correctional Centre, alleging that the employer breached Articles 2 of the collective agreement, by disposing of property left in his locker. The employer submits that ample notice was given to employees to clear their lockers and that the grievor did not do so. Thus, there has been no breach of the collective agreement and there is no evidence to support a claim for damages. [2] The parties referred this grievance to 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. They asked that I issue a decision without precedent or prejudice, and without written reasons. [3] Having carefully considered the evidence put before me including documents submitted by the union and the employer, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby deny the grievance. Dated at Toronto, Ontario this 25th day of January, 2019. “D.J.D. Leighton” ______________________ D.J.D. Leighton, Arbitrator