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HomeMy WebLinkAbout2011-0846.Robert.12-10-15 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#2011-0846 UNION#2011-0642-0036 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Robert) 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 Laura Josephson 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, 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] Philipe Robert is a Correctional Officer who received a three day suspension for abuse of sick time. [3] After hearing the facts and submissions in this matter I am of the view that discipline was warranted. However, given various mitigating factors including the grievor’s length of service and his otherwise discipline free employment record, a one-day suspension is more appropriate and I so order. [4] Accordingly, the record shall be changed to reflect a one-day suspension and the Employer shall pay the grievor compensation for two days wages. [5] I remain seized. Dated at Toronto this 15th day of October 2012. Felicity D. Briggs, Vice-Chair