GSB#2010-1760

UNION#2010-0642-0040

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Derby)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

September 20, 2012.

Decision

1The Employer and the Union at the Monteith Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Brian Derby is a Correctional Officer who received a one-day suspension for “refusing the escort duty post” and for “insubordination”.

3As the result of an unfortunate set of circumstances and what appears to have been poor communication all round, the grievor was sent home without pay for ten hours in addition to the one day suspension.

4There was some dispute about the facts in this case. Those differences are not surprising. There is no question that there was a significant lack of communication on both sides. Further, it would appear that what little information was shared was done so in a manner that virtually ensured misunderstanding.

5Taking all of the peculiar facts into account I am of the view that discipline was warranted but a one-day suspension was too harsh.

6The Employer is to amend the letter of August 27, 2010 to reflect a letter of reprimand and reimburse the grievor one day’s pay. No monies are owing for the grievor’s absence from work on August 10, 2010.

7I remain seized.