GSB#2010-0447, 2010-0448, 2010-0449, 2010-0790
UNION#2010-0369-0045, 2010-0369-0046, 2010-0369-0047, 2010-0369-0082
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Landriault)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Scott Andrews, Tim Mulhall Grievance Officers Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin, Brian Scott Ministry of Government Services Employee Relations Division Staff Relations Officer
HEARING
November 26, 2010.
Decision
1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.
21 – 2010-0369-0045 and 0047
The grievances in this case relate to a written reprimand received by the grievor.
3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed.
42 – 2010-0369-0046 and 0082
The grievances in this case relate to a written three-day suspension received by the grievor.
5After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be upheld. The discipline is hereby rescinded, the grievor’s record is to be cleared of all reference to the discipline and the grievor is to be fully compensated. I remain seized to deal with any issues arising from the implementation of this decision.
Dated at Toronto this 8th day of December 2010.