GSB#2011-0846

UNION#2011-0642-0036

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Robert)

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

Laura Josephson 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 19, 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.

2Philipe Robert is a Correctional Officer who received a three day suspension for abuse of sick time.

3After hearing the facts and submissions in this matter I am of the view that discipline was warranted. However, given various mitigating factors including the grievor’s length of service and his otherwise discipline free employment record, a one-day suspension is more appropriate and I so order.

4Accordingly, the record shall be changed to reflect a one-day suspension and the Employer shall pay the grievor compensation for two days wages.

5I remain seized.