Loading...
HomeMy WebLinkAbout2010-1578.Glab-Ritchie.12-03-29 Decision Crown Employees rieva nce Settlement oard 1Z8 l. (416) 326-1388 x (416) 326-1396 t des griefs es employés de la t Z8 l. : (416) 326-1388 léc. : (416) 326-1396 UNION#2010-0521-0067, 2010-0521-0068 IN THE MATTER OF THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD ETWEEN G B Suite 600 180 Dundas St. West Toronto, Ontario M5G Te Commission de règlemen d Couronne Bureau 600 180, rue Dundas Oues Toronto (Ontario) M5G 1 Té Té Fa GSB#2010-1578, 2010-1579 AN ARBITRATION Under B Ontario Publyees Union (Glab/Ritchie) Union - and - (Ministry of Community Safety and Correctional Services) Employer ic Service Emplo The Crown in Right of Ontario BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION ice Employees Union fficer FOR THE EMPLOYER Tim Mulhall O G ntario Public Serv rievance O s mployee Relations Bart Nowak Ministry of Government Service C T entre for E eam Lead HEARING March 8, 2012. - 2 - Decision [1] The Employer and the Union at the Toronto Intermittent Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. [2] Mr. David Ritchie and Mr. Andrew Glab are Correctional Officers who were working at Mimico Correctional Centre in the summer of 2010 when they each received a three day suspension for failing to report receipt of and forwarding an email which, by any objective measure was offensive. The contents were, in the Employer’s view, racist and degrading to women. I would argue with neither of those characterizations. [3] There is no dispute on the salient facts. The grievors did not take issue with the Employer’s contention that they received and distributed an email that is contrary to the Employer’s WDHP policy. Indeed, it appears that from the beginning of this most unfortunate incident, the grievors have admitted their mistake. [4] Both grievors have been with this Ministry for over a decade and were discipline free at the salient time. The Union conceded that some level of discipline is appropriate in the circumstances but the three day suspension - 3 - was too severe in the circumstances. It was urged that the grievors’ seniority and favourable records should mitigate the level of discipline. [5] The Employer urged that it views the grievors’ conduct as inappropriate, offensive and insensitive and that such conduct cannot be tolerated. A strong message had to be sent that such activity shall not be tolerated. [6] The Employer stated in its letters to the grievors that this conduct was not a momentary aberration. I am not sure why that comment was made particularly given that there was no evidence to indicate that this incident was a part of an ongoing course of conduct. Indeed, I heard of no other similar incidents. [7] The Union noted that while the Employer ordered the grievors to take a “one on one sensitivity/training/coaching” session, it was not provided until more than a year after the incident. I find that delay somewhat troubling given that the training was meant to redress an immediate and significant issue. [8] I understand and appreciate that the Employer is making a significant effort to ensure that its employees understand that this type of conduct is totally unacceptable. There is no question that the email at issue is offensive on a variety of levels. However, in the particular circumstances of this case, I am not convinced that sufficient attention was given to mitigating factors not the least of which was the fact that both grievors were discipline free and were forthright when confronted with this issue. - 4 - [9] Accordingly, I order that the discipline be reduced to a one-day suspension. The letter shall be reissued with this change and the grievors shall receive all compensation and seniority lost. [10] I remain seized. Dated at Toronto this 29th day of March 2012. Felicity D. Briggs, Vice-Chair