GSB#2011-2989

UNION#2011-0411-0039

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Vander Heyden)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

June 20, 2012.

Decision

1Ms. Joanne Vander Heyden, a correctional officer at Ottawa Carleton Detention Centre, grieved May 30, 2011, seeking compensation, restoration of sick credits, inter alia, because of the manner in which the employer investigated an incident at OCDC. She alleges that the way the investigation was conducted caused her considerable harm. The employer submitted that it had not violated the collective agreement and at all times acted reasonably in the investigation process.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the provisions for expedited hearings under Article 22.16.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I find that there has been no violation of the collective agreement and I hereby deny this grievance.