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HomeMy WebLinkAbout2022-6767.Tovilo.22-09-22 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. west Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB#2022-6767 UNION#2022-5112-0288 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Tovilo) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Brian P. Sheehan Arbitrator FOR THE UNION Gregg Gray Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Emily Lewis Treasury Board Secretariat Employee Relations Advisor HEARING September 15, 2022 -2- Decision [1] The Employer and the Union at the Toronto South Detention Centre agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and, as such, it is without prejudice or precedent. [2] The grievor is employed as a Correctional Officer 2 at the Toronto South Detention Centre. He has been employed with the Employer since October 2017. [3] In terms of his disciplinary record, he had a Letter of Reprimand on file. [4] The grievor received a one-day suspension on June 24, 2022. The disciplinary letter alleged that the grievor engaged in unprofessional conduct by: (1) dropping an inmate’s meal on the floor; and (2) failing to report that other officers have dropped inmates’ meals on the floor. [5] With respect to the first allegation, on the morning of May 30, 2022, the grievor was distributing breakfast meals (the contents of which were contained in a bag) to inmates in a segregated unit. It was the first time the grievor had worked on that unit. It was asserted in an Appendix attached to the grievance that the breakfast meal was placed on the cell floor, and that the inmate had been previously noncompliant by holding onto the hatch of the door. During the -3- Mediation/Arbitration proceeding, the grievor’s version of the incident was that he reached down through the hatch of the door and gently released the bag close to the floor of the cell. [6] A review of the video of the incident affirms that the grievor opened the hatch and casually dropped the breakfast bag. It was neither released gently, nor was it released in close proximity to the cell's floor. Given that determination, the Employer’s decision to discipline the grievor was warranted. [7] It has been concluded, however, that the penalty should be reduced to a Letter of Reprimand. A key reason for the reduction of the penalty is that the Employer completely rescinded the second allegation that formed the basis of the one-day suspension. Additionally, there was no apparent malice associated with the grievor’s behaviour. [8] In conclusion, the one-day suspension issued to the grievor is reduced to a Letter of Reprimand, and the Employer shall make the grievor whole by compensating him eight hours' pay. Dated at Toronto, Ontario this 22nd day of September 2022. “Brian P. Sheehan” Brian P. Sheehan, Arbitrator