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HomeMy WebLinkAbout2011-3590.Davidson.21-04-20 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# 2011-3590 UNION# 2011-0119-0015 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Davidson) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE D.J.D. Leighton Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Jennifer Charlton Treasury Board Secretariat Employee Relations Advisor HEARING January 28, 2021 -2- DECISION [1] Mr. Carl Davidson, Correctional Officer 2 at Stratford Jail, grieved on November 17,2011, alleging that the employer breached Articles 2, and 21 of the collective agreement when he was disciplined with a three-day suspension. [2] The employer submits there has been no breach of the collective agreement but in a Minutes of Settlement between the Ministry and OPSEU, October 1, 2020 the Ministry agreed to a reduction of discipline according to a schedule. Anyone with a three-day suspension was entitled to have the discipline reduced to two days, and be reimbursed for the lost wages, minus normal deductions. [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 precedential value, and without written reasons. [4] Having carefully considered, the submissions of the parties on the grievances, as well as the jurisprudence of the Board, I hereby order the employer to reduce the grievor’s discipline to two days, and to compensate him accordingly, with lost wages for the day, minus normal deductions. Dated at Toronto, Ontario this 20th day of April, 2021. “D.J.D. Leighton” _____________________ D.J.D. Leighton, Arbitrator