GSB# 2004-1229, 2004-1230, 2004-1231, 2004-1232, 2004-1233, 2004-1234
UNION# 2004-0411-0056, 2004-0411-0057, 2004-0411-0058, 2004-0411-0059, 2004-0411-0060, 2004-0411-0061
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Ellis et al.)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Loretta Mikus
Vice-Chair
FOR THE UNION
Scott Andrews Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Lucy Neal Senior Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
September 10, 2004.
Decision
The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievances dated June 05, 2004 involve a disciplinary matter, which, following a lengthy suspension, resulted in a written reprimand. The Union seeks removal of the written reprimand as well as compensation for the period of suspension.
At the outset of the hearing, the parties agreed that I exercise my jurisdiction to decide this matter, and requested that I issue a decision, without reasons.
Having carefully reviewed the evidence presented and the submissions of the parties, I hereby find that the written reprimand shall be replaced with a non-disciplinary letter of counsel that will remain on the grievor’s file for no longer than twelve-months from the date of the incident giving rise to the discipline.
I further order that the grievors shall be compensated by paying to the grievors eight hundred dollars, without deductions, as well as crediting each of the grievors with a statutory holiday credit.
I shall remain seised should the parties encounter any difficulties arising in the implementation of this order.
Accordingly, the aforementioned grievances are resolved.
Dated at Toronto this 20th day of September 2004.