HomeMy WebLinkAbout2010-0694.Deblois.10-12-09 Decision
Commission de
Crown Employees
Grievance
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Settlement Board
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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 7pO
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GSB#2010-0694
UNION#2010-0369-0057
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Deblois)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREBarry Stephens Vice-Chair
FOR THE UNIONScott Andrews, Tim Mulhall
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYERKaren Martin, Brian Scott
Ministry of Government Services
Employee Relations Division
Staff Relations Officer
HEARING
November 26, 2010.
- 2 -
Decision
[1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have
DJUHHGWRD³7UXH0HGLDWLRQ$UELWUDWLRQ´SUocess, wherein each provides the Vice-Chair
with submissions, which include the facts and authorities each relies upon. This decision is
issued in accordance with the Protocol and with Article 22.16 of the collective agreement,
and is without prejudice or precedent.
[2]The grievance in this case relates to an incident in the workplace where the grievor was
accused by a manager of having used excessive force with respect to the treatment of an
inmate. The allegation was false, and without foundation, and it was made in the presence
of several other correctional officers. The employer offered two days vacation. The
grievor seeks greater compensation for the damage done to his reputation among his
colleagues.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
FRQFOXVLRQWKDWWKHHPSOR\HU¶VDFFHSWDQFHRI the grievance should be upheld and the
grievor is awarded two days vacation in compensation.
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Dated at Toronto this 9 day of December 2010.
Barry Stephens, Vice-Chair