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HomeMy WebLinkAbout2022-6699.Gilbert.23-02-15 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#2022-6699 UNION#2022-0248-0516 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Gilbert) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Deborah Leighton Arbitrator FOR THE UNION Gregg Gray Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Ben Jensen Treasury Board Secretariat Employee Relations Advisor HEARING February 8, 2023 - 2 - Decision [1] Mr. Mark Gilbert, a Correctional Officer at the Hamilton Wentworth Detention Centre, filed a grievance on June 25, 2022, alleging that the employer breached the collective agreement when it issued a three day disciplinary suspension for leaving the institution an hour before the end of his night shifts on April 2 and April 3, 2022. The grievor seeks repayment of the 24 hours of lost wages. The employer maintains that it had just cause to issue the discipline and there has been no breach of the collective agreement. [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 deal with this matter. They asked that I issue a decision without precedential value and without written reasons. [3] Having carefully considered the submissions of the parties on the allegations of the breach of the grievor’s rights and the jurisprudence of the Board, I hereby deny the grievance. Dated at Toronto, Ontario this 15th day of February 2023. “Deborah Leighton” Deborah Leighton, Arbitrator