GSB# 2004-3120, 2004-3121
UNION# 2004-0234-0658, 2004-0234-0659
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Giraudy)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Ken Petryshen
Vice-Chair
FOR THE UNION
Gavin Leeb Barrister and Solicitor
FOR THE EMPLOYER
Suneel Bahal Counsel Ministry of Government Services
HEARING
July 13 & 18, 2007.
Decision
In a bottom line decision dated July 5, 2007, I determined that Mr. Giraudy’s discharge shall be substituted with a three-month suspension and I directed the Employer to fully compensate Mr. Giraudy for his losses, subject to the suspension and any mitigation earnings. At a hearing on July 13, 2007, the parties entered into an Interim Return to Work Agreement in order to resolve some outstanding issues relating to Mr. Giraudy’s grievances. Its terms included that Mr. Giraudy be reinstated as a Provincial Bailiff effective July 5, 2007 and that he will attend the Ontario Correctional Services College for six weeks of basic training commencing on August 20, 2007. One of the unresolved issues was where Mr. Giraudy would be assigned on a permanent basis. The parties had further discussions about this issue and others at a hearing on July 18, 2007. The Employer took the position that Mr. Giraudy should be assigned to the Mimico Correctional Centre. The parties agreed that I should make a direction with respect to a permanent assignment for Mr. Giraudy.
Having regard to the positions of the parties and the representations of counsel, it is my conclusion that Mr. Giraudy should be assigned to the Mimico Correctional Centre as a Correctional Officer 2. Accordingly, the Employer is directed to assign Mr. Giraudy as a permanent employee to the Mimico Correctional Centre as a classified Correctional Officer 2 once the basic training at the Ontario Correctional Services College is completed.
Dated at Toronto, this 20th day of July, 2007.