GSB#2010-0694

UNION#2010-0369-0057

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Deblois)

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.

2The grievance in this case relates to an incident in the workplace where the grievor was accused by a manager of having used excessive force with respect to the treatment of an inmate. The allegation was false, and without foundation, and it was made in the presence of several other correctional officers. The employer offered two days vacation. The grievor seeks greater compensation for the damage done to his reputation among his colleagues.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the employer's acceptance of the grievance should be upheld and the grievor is awarded two days vacation in compensation.