HomeMy WebLinkAbout2011-2989 Vanderheyden.12-07-05 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2011-2989
UNION#2011-0411-0039
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Vander Heyden) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Deborah J.D. Leighton Vice-Chair
FOR THE UNION Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Gary Wylie
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING June 20, 2012.
- 2 -
Decision
[1] Ms. Joanne Vander Heyden, a correctional officer at Ottawa Carleton Detention Centre,
grieved May 30, 2011, seeking compensation, restoration of sick credits, inter alia, because of
the manner in which the employer investigated an incident at OCDC. She alleges that the way
the investigation was conducted caused her considerable harm. The employer submitted that it
had not violated the collective agreement and at all times acted reasonably in the investigation
process.
[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 precedent or
prejudice, and without written reasons in accord with the provisions for expedited hearings under
Article 22.16.
[3] Having carefully considered the submissions of the parties, as well as the jurisprudence
of the Board, I find that there has been no violation of the collective agreement and I hereby
deny this grievance.
Dated at Toronto this 5th day of July 2012.
Deborah J.D. Leighton, Vice-Chair