HomeMy WebLinkAbout2022-11275.Obress.23-06-15 Decision
GSB# 2022-11275
UNION# 2022-0368-2336
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Obress) Union
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The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian P. Sheehan Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Nishal Nair
Treasury Board Secretariat
Employee Relations Advisor
HEARING May 10, 2023
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
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Decision
[1] The Employer and the Union at the Central East Correctional 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 it is without prejudice or precedent.
[2] Mitchell Obress (the "Grievor") is a Correctional Officer 2 employed at the Central
East Correctional Centre.
[3] On November 23, 2022, the Grievor received a 5-day suspension for: (1) failing to
complete security patrols on Unit 4B on August 12, 2021; and (2) failing to
maintain the Unit 4B logbook as required that same day.
[4] It is not essentially disputed by the Union that the Grievor failed, along with other
Correctional Officers (COs) assigned to that Unit, to complete the required security
patrols of the Unit for an approximate 2-hour period on the day in question. It is
also accepted that the logbook for the Unit was not maintained as required on the
day in question.
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[5] An inmate was apparently seriously assaulted on that Unit during the relevant
period in question.
[6] The Union and the Grievor claimed a significant mitigating factor was that as a
result of the impact of the COVID-19 pandemic, the Unit was significantly short-
staffed on the day in question. It was further asserted that when the Officers
approached the Sergeant supervising the staff on the Unit that day with their
concerns about being short-staffed, the response provided was to make do as best
they could.
[7] Three other COs were likewise disciplined for failing to complete the necessary
security patrols on the Unit that day; however, they each received a 3-day
suspension as opposed to the 5-day suspension issued to the Grievor. The
Employer asserted that the reason for the disparity in the quantum of discipline
was directly related to the fact that the Grievor offered no remorse for his
behaviour
[8] The Employer indisputably had just cause to discipline the Grievor for failing to
complete the security patrols as required. Furthermore, the Employer was justified
in imposing a more severe disciplinary sanction on the Grievor than the other COs
involved given his lack of remorse. It is my determination, however, given the
relevant mitigating factors, that the penalty should be reduced from a 5-day
suspension to a 3-day suspension.
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[9] The grievance is therefore upheld in part, and the Grievor is to be made whole with
respect to any lost wages and benefits.
Dated at Toronto, Ontario, 15th day of June 2023.
“Brian P. Sheehan”
Brian P. Sheehan, Arbitrator