GSB# 2004-1813
UNION# 2004-0411-0079
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Munro)
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 this grievance to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievance dated June 25, 2004 involves 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 grievors’ lost overtime opportunities.
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 grievor shall be compensated for the missed overtime opportunities by paying to the grievor ninety (90) hours of overtime pay at the applicable rate.
I shall remain seised should the parties encounter any difficulties arising in the implementation of this order.
Accordingly, the aforementioned grievance is resolved.
Dated at Toronto this 20th day of September 2004.