GSB#2009-1767
UNION#2008-0411-0047
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Legari)
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. Stephane Legari, a correctional officer at Ottawa Carleton Detention Centre, grieved on December 29, 2008, that he had incurred losses and had suffered mental anguish because of an investigation of allegations against him conducted by the employer.
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 this grievance and order the employer to do the following:
a. Credit the grievor’s vacation bank with twenty nine (29) vacation credits (8 hours each). If these credits are not used by December 31, 2010 they shall be paid out;
b. Credit the grievor’s time bank with six (6) statutory holiday credits and twenty four (24) hours;
c. Pay the grievor $10,656.00 in damages (without deductions) in consideration of his claim for mental anguish;
d. Expunge the grievor’s personnel file of all documents that reference matters which gave rise to this grievance no later than January 1, 2010.
4I shall remain seized to address any issues which may arise regarding the implementation of this award.
Dated at Toronto this 27th day of October 2009.