Ontario Public Service Employees Union (Adams) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 76368

GSB#2009-1398, 2009-1399

UNION#2009-0530-0071, 2009-0530-0072

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Adams)

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

Anastasios Zafiriadis and Frank Inglis Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Gary Wylie and Greg Gledhill Ministry of Community Safety and Correctional Services Staff Relations Officers

HEARING

December 1, 2009.

Decision

1Mr. Brian Adams, a correctional officer at the Toronto Jail, filed two grievances on June 19, 2009, alleging that the employer wrongly disciplined him when he was removed from his assignment as a driver, after he was charged by the police for running a red light, hitting another vehicle and a pole. The employer denied that it had violated the collective agreement.

2The parties referred these grievances 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 deal with these matters. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the policy of the parties 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 deny these grievances.