GSB #0797/00 et al. (See Schedule A)
OPSEU #00E583 et al. (See Schedule A)
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievances listed in Schedule A)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Correctional Services/Monteith Correctional Complex) Employer
BEFORE Gerry Lee Vice Chair
FOR THE Jim Paul and Gavin Leeb
GRIEVOR Grievance Officers
Ontario Public Service Employee Union
FOR THE Anna Gulbinski
EMPLOYER Staff Relations Officer
Management Board Secretariat
HEARING September 18, 19 & 20, 2000.
Schedule A
LIST OF GRIEVORS
GSB AND OPSEU FILE NUMBERS
GRIEVANCE ISSUE (S)
GSB File 0797/00 OPSEU File 00E583 Kevin CLANCY Article 2,21,22 (Dismissal)
GSB File 0798/00 OPSEU File 00E584 Donald COX Articles 2, 21, 22 (Dismissal)
OPSEU File 99E153 Donald COX Frivolous Investigation
GSB File 0822/00 OPSEU File 00E610 Erin DARRINGTON Articles 2,21,22 (20 day suspension)
GSB File 0849/00 OPSEU File 00E640 David FLAMAIN
Articles 2,21,22 (20 day suspension)
OPSEU File 00E609 Serge BASTIEN
Articles 2,21,22 (3 day suspension)
GSB File 0788/00 OPSEU File 00E582 Raymond CAMIRAND
Articles 2, 21,22 (3 day suspension)
GSB File 0806/00 OPSEU File 00E592 Brian SNYDER
Articles 2, 21, 22 (3 day suspension)
GSB File 0801/00 OPSEU File 00E587 Arnold DRAVES
Articles 2, 21, 22 (2 day suspension)
GSB File 0802/00 OPSEU File 00E588 Irvin GARLOCK
Articles 2, 21, 22 (1 day suspension)
GSB File 0803/00 OPSEU File 00E589 Michel MINEAULT
Articles 2, 21, 22 (1 day suspension)
GSB File 0807/00 OPSEU File 00E593 Barry WHITEHEAD Articles 2, 21, 22 (1 day suspension)
GSB File 0805/00 OPSEU File 00E591 Dennis SILK Articles 2, 21, 22 (Reprimand)
The parties engaged in a mediation/arbitration procedure in accordance with Article 22.16 of the Collective Agreement in an effort to resolve the above-captioned grievances. Article 22.16 envisages that grievances are dealt with in an informal and expeditious manner and that any decisions issued by an arbitrator are to have no precedential value, unless the parties agree otherwise.
These thirteen grievances involve the widespread misappropriation of government resources at the Monteith Correctional Complex and the discipline imposed as a result.
In the course of these proceedings, I was apprised of the facts and circumstances giving rise to all of the grievances that are currently before this Board. The parties approached the issues in a very professional and appropriate manner and significant progress was made in coming to a resolution of these matters.
With respect to the decision to reduce the disciplinary penalties issued to the grievors, it must be emphasized that this Board is not suggesting that the employer be lenient with employees who misappropriate government resources. The primary reason for reducing the disciplinary penalties, including the reinstatement of Grievors Cox and Clancy, is that management at Monteith Correctional Complex failed to consistently follow its own rules, policies and procedures. Furthermore, management condoned the use of government supplies, tools and equipment by these employees for their own personal use. These factors contributed to the grievors not fully recognizing the seriousness of their misconduct. In the absence of these unique and exceptional circumstances, the Board would likely not have chosen to vary the disciplinary penalties.
Accordingly, I hereby order as follows:
Grievor Donald COX’s termination of employment dated July 26, 2000 shall be rescinded. Mr. Cox shall be reinstated effective January 2, 2001, with the period in between July 26, 2000 and the date of reinstatement being recorded as a suspension without pay and without benefits, but with no loss of seniority.
Grievor Kevin CLANCY’s termination of employment dated July 26, 2000 shall be rescinded. Mr. Clancy shall be reinstated October 16, 2000, with the period in between July 26, 2000 and the date of reinstatement being recorded as a suspension without pay and without benefits, but with no loss of seniority.
Grievors Erin DARRINGTON and David FLAMAIN’s twenty (20) day (160 hour) suspensions shall be rescinded and reduced to a ten (10) day (80 hour) suspension. Accordingly, the grievors shall be compensated for 80 hours pay, minus any regular deductions.
Grievors Serge BASTIEN, Raymond CAMIRAND, and Brian SNYDER’s three (3) day (24 hour) suspension shall be reduced to a one and a half (1.5) day (12 hour) suspension. Accordingly, the grievors shall be compensated for 12 hours pay, minus any regular deductions.
Grievor Arnold DRAVES’ two (2) day (16 hour) suspension shall be reduced to a one (1) day (8 hour) suspension. Accordingly, the grievor shall be compensated for 8 hours pay minus any regular deductions.
Grievors Irvin GARLOCK, Michel MINEAULT, and Barry WHITEHEAD’s one (1) day suspension shall be rescinded and replaced with a letter of reprimand. Accordingly, the grievors shall be compensated for 8 hours pay minus any regular deductions.
Grievor Dennis SILK’s letter of reprimand shall be rescinded and replaced with a letter of counsel.
All grievances are resolved as a result of this order and accordingly closed.
I shall remain seised with respect to these matters and with respect to any implementation issues that may arise from this decision.
Dated at Toronto, this 26th day of September, 2000.