HomeMy WebLinkAbout2019-0614.Fitzgerald et al.2020-05-19 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# 2019-0614; 2019-0615; 2019-0638
UNION# 2019-0368-0142; 2019-0368-0143; 2019-0368-0145
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Fitzgerald et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Tatiana Wacyk
Arbitrator
FOR THE UNION
Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
-2-
DECISION
FACTS/BACKGROUND:
[1] I am seized with the dismissal of three Correctional Officers from Central East
Correctional Centre (“CECC”).
[2] At the time of dismissal Mr. Travis Grills had just over 20 years of service; Mr.
Matt Noel just over 15 years; and Mr. Blair Fitzgerald just over 19 years.
[3] The Grievors were all working on shift at CECC on 4 pod on November 26, 2018.
As a result of an investigation, evidence revealed a gross dereliction of duty on
all of their parts. That dereliction of duty included numerous failures to complete
watch tours, attempts to cover up that failure through the manipulation of the
OPMAN system and failure to complete accurate inmate counts.
FINDINGS:
[4] I am persuaded regarding the seriousness and risks of a dereliction of this
nature. The case law of this Board has been clear regarding the vital importance
of the care, custody and control of inmates. When inmates are admitted to a
correctional facility they lose their ability to care and protect themselves. It is the
Correctional staff that must provide that care and protection and to not do so
creates many risks to the inmates, to other staff and to the institution.
[5] I find the Grievors conduct in this instance could be just cause for dismissal.
[6] However, I am persuaded that all of the Grievors are apologetic, regretful and
truly sorry for their conduct. They have taken full responsibility for their actions or
lack thereof. This leads me to believe they are rehabilitatable.
-3-
[7] In light of this remorse, as well as the Grievors’ significant years of discipline free
service, I find that in this instance, reinstatement is a more appropriate remedy
than dismissal.
[8] However, it is important the Grievors appreciate the seriousness of their conduct.
For this reason, I do not find it appropriate to reinstate them with back wages.
DISPOSITION:
[9] Accordingly, for all the reasons set out above, I hereby rescind the Grievors’ May
30, 2019 dismissal, and for the purpose of their employment records, replace it
with a 20 day suspension without pay.
[10] The Grievors are reinstated as of June 1, 2020, with no back wages payable by
the Employer for any time between their May 30, 2019 dismissal and their
reinstatement.
Dated at Toronto, Ontario this 19th day of May, 2020.
“Tatiana Wacyk”
______________________
Tatiana Wacyk, Arbitrator