GSB# 2006-0142

UNION# 2006-0701-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Robertson)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Jim Gilbert Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Nick Antoncic Manager of Staff Relations Ministry of Community Safety and Correctional Services

HEARING

July 20, 2006.

Decision

After meeting with the parties in hearing, they agreed that this matter would proceed by way of mediation/arbitration in accordance with Article 22.16 of the collective agreement, without reasons, and without prejudice or precedent.

The grievance in this case relates to an allegation against the grievor that she engaged in inappropriate conduct with respect to a colleague, for which the grievor was assessed a three-day suspension. The grievor denies the conduct.

At the outset of the hearing I ordered the employer to disclose to the union the final version of the Independent Investigations Unit report on this matter. After reviewing the report, the other documentation and the submissions of the parties, the employer is directed to remove the discipline and all documents arising therefrom in any and all files. I will remain seized to deal with any issues arising from the implementation of this decision.

Dated at Toronto, this 20th day of July, 2006.