Loading...
HomeMy WebLinkAbout2009-2006.Rowe.10-05-03 Decision Commission de Crown Employees Grievance règlement des griefs Settlement 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#2009-2006 UNION#2009-0108-0090 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Rowe) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREBrian M. Keller Vice-Chair FOR THE UNIONScott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERSean Milloy Ministry of Community Safety and Correctional Services Staff Relations Officer HEARING November 30, 2009. SUBMISSIONS January 29, March 9, 2010 and April 4, 2010. - 2 - Decision [1]The grievor was suspended for 20 days as a result of an incident alleging excessive use of force with respect to an inmate. An investigation concluded that the excessive use of force occurred as alleged. Subsequently, the grievor was disciplined for not fully cooperating with the investigation, violating Standing Order 05.10, using unjustified force when physically engaging an inmate and engaging in a course of action intended to cover-up and/or dismiss the significance of the use of force. [2]I have had the benefit of reading the investigation report and supporting documents, including the transcripts and interviews with the COs involved, as well as that of the grievor. I also heard, in person, the explanations of the grievor and of the employer. Finally, I have carefully considered the subsequent written submissions of the parties. [3]Based on the above, it is evident that the actions of the grievor warrants discipline. The only remaining question is whether the 20 day suspension is excessive. I have concluded it is not. [4]The grievor knowingly breached protocol. His explanation for entering the inmate?s cell, when compared to the accounts of other COs, is questionable. His decisions to enter the cell resulted in everything that subsequently transpired. Effectively, it was his action that triggered the subsequent excessive use of force. Finally, there is no question, in my mind, that he did not cooperate, as required, in the investigation. [5]The grievance is dismissed. rd Dated at Toronto this 3 day of May 2010. Brian M. Keller, Vice-Chair