GSB#2009-3420, 2010-0055, 2010-0057, 2010-0058
UNION#2010-5109-0003, 2010-5109-0006, 2010-5109-0007, 2010-5109-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Bavaro)
Union
- and -
The Crown in Right of Ontario (Liquor Control Board of Ontario)
Employer
BEFORE
Reva Devins
Vice-Chair
FOR THE UNION
Val Patrick Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Mark Upton Liquor Control Board of Ontario HR Consultant
HEARING
May 31, 2011.
Decision
1The parties have agreed to an expedited mediation-arbitration process to effect timely disposition of grievances. The parties specifically agreed that this matter was properly referred for expedited mediation-arbitration and that, after a failed mediation effort, the Vice-Chair should issue a written decision that is without prejudice or precedent.
2The Grievor was suspended for one day for abandoning his workstation and for three days for insubordination and swearing at his supervisor in front of his co-workers. The Grievor admits that he left his workstation, but states that he was compelled to do so at the end of his shift because he felt uncomfortable in the continued presence of his supervisor. He also admits to swearing at his supervisor on one occasion, but not in the instance alleged by management. He grieves his disciplinary suspensions. He further grieved the conduct of his supervisor and asked that he be reassigned to another supervisor.
3The same individual no longer supervises the Grievor and no further remedy was pursued. Therefore the grievances dated January 19 and February 8, 2010 are dismissed.
4With respect to the two suspensions, having considered the submissions of the parties I find that the discipline imposed was excessive in the circumstances. I would not interfere with the first suspension of one-day for abandoning his position but would reduce the second suspension to 1 day. The grievance is allowed in part.
5I will remain seized in the event that an issue arises with respect to the implementation or interpretation of my Award.
Dated at Toronto this 2nd day of June 2011.