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HomeMy WebLinkAbout2019-2921.Winsley.20-12-11 Decision Crown 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# 2019-2921 UNION# 2020-0368-0049 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Winsley) 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 Emily Lewis Treasury Board Secretariat Employee Relations Advisor HEARING December 8, 2020 - 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 December 7 and 8, 2020 the parties at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. [3] The Grievor received a two day suspension in relation to his use of profanity in the workplace in the presence of children (attending during a “Bring Your Child to Work Day”) and, on a separate day, in the presence of a third party contractor. On the first occasion he also disparaged the Ministry. He seeks to have the suspension removed from his record and to be made whole. [4] Having considered the representations of the parties, I conclude discipline was warranted. Having regard to all of the circumstances, I do not consider this to be an appropriate case to substitute a lesser penalty. [5] Accordingly, the grievance is dismissed. Dated at Toronto, Ontario this 11th day of December, 2020. “Ian Anderson” ________________________ Ian Anderson, Arbitrator