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HomeMy WebLinkAbout2005-3077.Sauve.08-04-14 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2005-3077 UNION# 2005-0411-0084 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sauvé) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Reva Devins FOR THE UNION Scott Andrews and Stephen Giles Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Faith Crocker and Gary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING April 9, 2008. 2 Decision The parties have agreed to use the Expedited Mediation-Arbitration Protocol to resolve grievances at the Carleton Detention Centre. It is not necessary to reproduce the entire Protocol here. It is sufficient to state that the parties have agreed that this matter be decided as a ?True Mediation-Arbitration?. The Vice Chair is required to resolve the grievance immediately following a failed mediation based on the evidence provided in the mediation session. The Vice- Chair?s decision will be issued within fifteen days, without reasons and without precedent and prejudice. In this case, the grievance asserts the Grievor was unfairly disciplined. The Grievor was involved in a verbal altercation with a co-worker. The co-worker filed a WDHP complaint and the Grievor was suspended with pay pending an investigation. Upon completion of the investigation, a pre-disciplinary meeting was held and the Grievor was suspended for one day without pay. The Grievor does not deny engaging in the alleged conduct, but maintains that the discipline was excessive. The Employer submitted that the Grievor had previously been counselled with respect to two similar incidents and that he did not show any remorse for his conduct. Management maintains that the suspension was an appropriate disciplinary response. Having heard the submissions of the parties, I have determined that the suspension is not excessive having regard to all the circumstances. The grievance is dismissed. 3 th Dated at Toronto, Ontario, this 14 day of April, 2008 Reva Devins Vice-Chair