HomeMy WebLinkAbout2022-7461.Singh.24-03-14 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# 2022-7461
UNION# 2022-0248-0536
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Singh) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Deborah J.D. Leighton Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Shivani Ramoutar
Treasury Board Secretariat
Employee Relations & Negotiations
Division
Employee Relations Advisor
HEARING March 6, 2024
-2 -
Decision
[1] Mr. Daljinder Singh, a Correctional Officer at the Hamilton Wentworth Detention
Centre, filed three grievances on April 28. 2022, June 29, 2022 and July 7, 2022,
alleging that the employer breached Articles 2, 3, and 9 of the collective
agreement when it issued, respectively, three letters of reprimand for failure to
wear proscribed PPE, a face mask as required by the Ministry Directive during the
Covid-19 Pandemic. The grievor seeks full redress. 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
these grievances.
Dated at Toronto, Ontario this 14th day of March 2024.
“Deborah J.D. Leighton”
Deborah J.D. Leighton, Arbitrator