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HomeMy WebLinkAbout2017-1619.Smith.20-10-16 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# 2017-1619 UNION# 2015-0248-0015 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Smith) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Michelle LaButte Treasury Board Secretariat Employee Relations Advisor HEARING October 15, 2020 (by videoconference) -2- DECISION [1] The Employer and the Union agreed to participate in the Expedited Mediation- Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that an Arbitrator of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise. [2] On October 14 and 15, 2020 the parties at the Hamilton Wentworth Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. [3] This grievance relates to a letter of reprimand dated April 28, 2015. As it is over three years old, the collective agreement requires that it be removed from the Grievor’s personnel file. The Grievor seeks an order directing the Employer to do so. There is no evidence that the letter has not been removed, and in any event the Employer has confirmed that it has done so. [4] Having considered the representations of the parties, I conclude there is no breach of the collective agreement. [5] Accordingly, the grievance is dismissed. Dated at Toronto, Ontario this 16th day of October, 2020. “Ian Anderson” _____________________ Ian Anderson, Arbitrator