GSB#2010-0780, 2010-0781, 2010-0784, 2010-0787, 2010-1638, 2010-1640, 2010-1670, 2010-2256

UNION#2010-0369-0072, 2010-0369-0073, 2010-0369-0076, 2010-0369-0079, 2010-0369-0175, 2010-0369-0177, 2010-0369-0178, 2010-0369-0208

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Goodhue et al)

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 Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Karen Martin, Brian Scott Ministry of Government Services Centre for Employee Relations Staff Relations Officers

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 grievances in this case relate to discipline imposed on the grievors for an incident following the disciplining of another employee on March 30, 2010. The grievors were disciplined for abuse of sick leave that the employer alleges occurred after the other employee was disciplined.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be upheld in part. Any concerted effort to use withdrawal of service to bring pressure on the employer on labour relations issues is a serious breach of conduct that can attract severe penalties. This incident followed a similar incident earlier in the same month. However, the parties have made joint efforts in the intervening time to counsel and warn employees that such actions are not acceptable, and there appears to have been some success in addressing the issue. The discipline for each grievor is reduced by one level. A three-day suspension is reduced to two days, two days to one day, and one day to a written warning. Any employees who received a written warning will not have that discipline reduced. The disciplinary records of the grievors are to be amended to reflect this reduction in penalty and any grievor who was originally suspended for the action will be compensated. I remain seized to deal with any issues arising from the implementation of this award.