HomeMy WebLinkAbout2009-1767.Legari.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
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2009-1767
UNION#2008-0411-0047
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Legari)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. Stephane Legari, a correctional officer at Ottawa Carleton Detention Centre, grieved
on December 29, 2008, that he had incurred losses and had suffered mental anguish
because of an investigation of allegations against him conducted by the employer.
[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 this grievance and order the employer to do the following:
a.Credit the grievor?s vacation bank with twenty nine (29) vacation credits (8 hours
each). If these credits are not used by December 31, 2010 they shall be paid out;
b.Credit the grievor?s time bank with six (6) statutory holiday credits and twenty
four (24) hours;
c.Pay the grievor $10,656.00 in damages (without deductions) in consideration of
his claim for mental anguish;
d.Expunge the grievor?s personnel file of all documents that reference matters
which gave rise to this grievance no later than January 1, 2010.
[4] I shall remain seized to address any issues which may arise regarding the implementation
of this award.
th
Dated at Toronto this 27 day of October 2009.
Deborah J.D. Leighton, Vice-Chair