HomeMy WebLinkAbout2007-2470.Cooney.08-12-05 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
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GSB#2007-2470
UNION#2007-0108-0072
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cooney)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Scott Andrews, Frank Inglis & Greg McVeigh
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin, Greg Gledhill & Brian Scott
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARINGNovember 27, 2008.
2
Decision
[1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have
agreed to a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair
with submissions, which include the facts and authorities each relies upon. This decision
is issued in accordance with the Protocol and with Article 22.16 of the collective
agreement, and is without prejudice or precedent.
[2]The grievor received a letter of reprimand for insubordination. On August 6, 2007, the
institution was under pressure due inmate population. OM16 Gough came to the unit
where the grievor was working and ordered the grievor to lock down the unit. The
grievor refused to follow the order, telling OM16 Gough that such a step would only
serve to increase tensions on the unit. The letter of reprimand also alleges that the
grievor used profane language and told OM16 Gough that she was incompetent. The
employer did not pursue these elements of the allegations against grievor.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be upheld in part. The letter of reprimand on file
should be re-written to remove the references to the allegation about the use of profane
language and the allegation that the grievor told OM16 Gough that she was incompetent.
th
day of December, 2008
Dated at Toronto this 5
Barry Stephens, Vice-Chair