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HomeMy WebLinkAbout2021-0215.Fournier.21-08-20 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# 2021-0215 UNION# 2020-0369-0024 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Fournier) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE D.J.D. Leighton Arbitrator FOR THE UNION Alex Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Jennifer Charlton Treasury Board Secretariat Employee Relations Advisor HEARING DATE May 13, 2021 - 2 - DECISION [1] Jason Fournier, a Mental Health Nurse, at Central North Correctional Centre, grieved on December 2, 2020, that the employer breached the collective agreement and any other applicable law, when it suspended him without just cause for three days on November 4, 2020. He seeks pay for the lost shifts and damages. [2] The employer submitted that there was no breach of the collective agreement as the grievor’s misconduct was significant, and that the grievance should be dismissed. [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 grievance, as well as the jurisprudence of the Board, I hereby dismiss the grievance. Dated at Toronto, Ontario, this 20th day of August, 2021. “D.J.D. Leighton” _______________________ D.J.D. Leighton, Arbitrator