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HomeMy WebLinkAbout2022-11277.Standish.23-06-15 Decision GSB# 2022-11277 UNION# 2022-0368-2338 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Standish) Union - and - 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 - 2 - 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] Patrick Standish (the "Grievor") is a Correctional Officer 2 employed at the Central East Correctional Centre. [3] On November 23, 2022, the Grievor received a 3-day suspension for failing to complete security rounds as required on August 12, 2021. In particular, the Grievor along with other Correctional Officers (COs) assigned to Unit 4B that day were required to complete patrols at least twice each hour at staggered intervals, no longer than 30 minutes apart. [4] It would appear without dispute that the Grievor failed, along with the other COs assigned to the Unit, to complete the patrols as required for a period of approximately 2 hours on the day in question. - 3 - [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] The Employer indisputably had just cause to discipline the Grievor for failing to complete the security patrols as required. It is my determination, however, given the relevant mitigating factors, that the penalty should be reduced from a 3-day suspension to a 1-day suspension. [8] 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