HomeMy WebLinkAbout2019-1928.Frano.20-03-13 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# 2019-1928
UNION# 2019-0229-0043
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Frano) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caitlyn Borth
Treasury Board Secretariat
Employee Relations Intern
HEARING January 9, 2020
-2-
DECISION
[1] Mr. Frank Frano, a Correctional Officer 2 at the Ontario Correctional Institute,
filed a grievance on September 30, 2019, alleging that the three-day disciplinary
suspension meted out on September 17, 2019 was excessive given the
circumstances. The grievor seeks to have the discipline removed from his record
and to be reimbursed for the 24 hours of pay that he lost. The employer takes
the position that the grievor’s misconduct was deserving of discipline and that
there is just cause to uphold the penalty.
[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 13th day of March, 2020.
“D.J.D. Leighton”
________________________
D.J.D. Leighton, Arbitrator