HomeMy WebLinkAbout2019-0290.Lim.20-08-12 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#2019-0290; 2019-0291
UNION#2019-0135-0006; 2019-0135-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lim) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
John Wardell
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER David Marincola
Treasury Board Secretariat
Employee Relations Advisor
HEARING February 20, 2020
-2-
DECISION
[1] Ms. Cynthia Lim, a Correctional Officer at the South West Detention Centre, filed
two grievances on January 10, 2019 alleging that the Ministry breached the
collective agreement when it issued two discipline letters to her: a reprimand and
a three day (24 hours) suspension without pay. The Union submitted that the
Ministry had no just cause for the discipline.
[2] The Ministry stated that after careful investigation and consideration of all the
circumstances of two incidents, which are the subject of the discipline, it was
decided that the grievor violated the Correctional Services Code of Conduct and
Professionalism. The employer submitted that in coming to this conclusion, there
was no breach of the collective agreement and the decision to discipline was
appropriate in all the circumstances.
[3] 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.
[4] Having carefully considered the submissions of the parties, as well as the
jurisprudence of the Board, I have decided to deny this grievance. I am satisfied
that the discipline was appropriate given all the circumstances.
Dated at Toronto, Ontario this 12th day of August, 2020.
“D.J.D. Leighton”
______________________
D.J.D. Leighton, Arbitrator