GSB#2009-0285

UNION#2009-0411-0120

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Olmsted)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

October 7, 2009.

Decision

1Mr. Steve Olmsted, a cook at Ottawa Carleton Detention Centre, grieved a 20 day disciplinary suspension on February 28, 2009. The union argued that given all the circumstances of the alleged events, the discipline was excessive. The employer argued that given the grievor’s behaviour and his previous disciplinary record they had just cause to mete out a 20 day suspension.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to decide this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the provisions for expedited hearings under Article 22.16.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the board, I hereby grant the grievance in part, and substitute a 15 day suspension for the 20 day suspension. The employer shall reimburse the grievor for 5 days pay. I shall remain seized of any issues that might arise regarding the implementation of this order.