GSB#2010-1431, 2010-1482

UNION#2010-0642-0036, 2010-0642-0038

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cox)

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

Scott Andrews 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 & 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.

2Mr. Donald Cox is a retired Maintenance Mechanic 2. He had worked at the Correctional Centre for almost three decades when he retired.

3Prior to his retirement Mr. Cox filed two grievances. One alleged that he was verbally assaulted by his manager on a particular day. The second alleged that he was disciplined without just cause when he received a twenty-day suspension as the result of his failure to renew his gas license certificate.

4After hearing the facts and submissions in this case I am of the view that discipline was appropriate in these circumstances. However, it is reduced to seven days. The Employer is to amend the grievor’s record accordingly and compensate Mr. Cox for thirteen days pay.

5The grievance alleging harassment is dismissed.

6I remain seized.