HomeMy WebLinkAbout2009-0285.Olmsted.09-10-27 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2009-0285
UNION#2009-0411-0120
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Olmsted) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNION
Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Gary Wylie
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGOctober 7, 2009.
- 2 -
Decision
[1]Mr. Steve Olmsted, a cook at Ottawa Carleton Detention Centre, grieved a 20 day
disciplinary suspension on February 28, 2009. The union argued that given all the
circumstances of the alleged events, the discipline was excessive. The employer argued
that given the grievor?s behaviour and his previous disciplinary record they had just cause
to mete out a 20 day suspension.
[2]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 decide this matter. They asked that I issue a decision without precedent
or prejudice, and without written reasons in accord with the provisions for expedited
hearings under Article 22.16.
[3]Having carefully considered the submissions of the parties, as well as the jurisprudence of
the board, I hereby grant the grievance in part, and substitute a 15 day suspension for the 20
day suspension. The employer shall reimburse the grievor for 5 days pay. I shall remain
seized of any issues that might arise regarding the implementation of this order.
th
Dated at Toronto this 27 day of October 2009.
Deborah J.D. Leighton, Vice-Chair