HomeMy WebLinkAbout2019-2424.Crabtree.20-10-14 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# 2019-2424
UNION# 2019-0368-0373
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Crabtree) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Brian P. Sheehan
Arbitrator
FOR THE UNION
Alex Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Ann Fowler
Treasury Board Secretariat
Employee Relations Advisor
HEARING October 7, 2020 (by videoconference)
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DECISION
[1] The Employer and the Union at the Central East Correctional Centre agreed to
participate in the Expedited Mediation/Arbitration process in accordance with the negotiated
Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties
have agreed to a True Mediation/Arbitration process wherein each party provides the
Arbitrator with their submissions setting out the facts and the authorities they respectively
will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16
of the collective agreement; and it is without prejudice or precedent.
[2] The grievor is employed as a Correctional Officer 2 at the Central East Correctional
Centre (CECC).
[3] On December 10, 2019, the grievor received a one-day suspension. In the
disciplinary letter issued to the grievor, the Employer cited two grounds for the suspension:
(1) that the grievor participated in a concerted effort to disrupt operations on March 19,
2019, by purposely arriving late to her assigned post; and (2) that on the same day, the
grievor used her cell phone in a secure area of the institution without authorization.
[4] The grievor does not dispute that she used her cell phone inappropriately on the day
in question in a secure area of the institution without the requisite authorization. The
grievor, however, takes issue with the claim that she purposely was late in arriving at her
assigned post on March 19, 2019.
[5] It is my view that the grievor’s acknowledged improper use of her cell phone was a
sufficient enough basis for the issuance of the one-day suspension. Accordingly, there is no
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need to address the Employer’s allegation that the grievor purposely arrived late to her
assigned post on the day in question.
[6] Accordingly, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 14th day of October, 2020.
“Brian P. Sheehan”
_____________________
Brian P. Sheehan, Arbitrator