GSB#2009-2006

UNION#2009-0108-0090

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rowe)

Union

• and -

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

Employer

BEFORE

Brian M. Keller

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean Milloy Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING SUBMISSIONS

November 30, 2009. January 29, March 9, 2010 and April 4, 2010.

Decision

1The grievor was suspended for 20 days as a result of an incident alleging excessive use of force with respect to an inmate. An investigation concluded that the excessive use of force occurred as alleged. Subsequently, the grievor was disciplined for not fully cooperating with the investigation, violating Standing Order 05.10, using unjustified force when physically engaging an inmate and engaging in a course of action intended to cover-up and/or dismiss the significance of the use of force.

2I have had the benefit of reading the investigation report and supporting documents, including the transcripts and interviews with the COs involved, as well as that of the grievor. I also heard, in person, the explanations of the grievor and of the employer. Finally, I have carefully considered the subsequent written submissions of the parties.

3Based on the above, it is evident that the actions of the grievor warrants discipline. The only remaining question is whether the 20 day suspension is excessive. I have concluded it is not.

4The grievor knowingly breached protocol. His explanation for entering the inmate’s cell, when compared to the accounts of other COs, is questionable. His decisions to enter the cell resulted in everything that subsequently transpired. Effectively, it was his action that triggered the subsequent excessive use of force. Finally, there is no question, in my mind, that he did not cooperate, as required, in the investigation.

5The grievance is dismissed.