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HomeMy WebLinkAbout2010-1431.Cox.12-10-16 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#2010-1431, 2010-1482 UNION#2010-0642-0036, 2010-0642-0038 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Cox) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Scott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Caroline Markiewicz Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING September 19 & 20, 2012. - 2 - Decision [1] The Employer and the Union at the Monteith Correctional 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. Donald Cox is a retired Maintenance Mechanic 2. He had worked at the Correctional Centre for almost three decades when he retired. [3] Prior to his retirement Mr. Cox filed two grievances. One alleged that he was verbally assaulted by his manager on a particular day. The second alleged that he was disciplined without just cause when he received a twenty-day suspension as the result of his failure to renew his gas license certificate. [4] After hearing the facts and submissions in this case I am of the view that discipline was appropriate in these circumstances. However, it is reduced to seven days. The Employer is to amend the grievor’s record accordingly and compensate Mr. Cox for thirteen days pay. [5] The grievance alleging harassment is dismissed. [6] I remain seized. Dated at Toronto this 16th day of October 2012. Felicity D. Briggs, Vice-Chair