Ontario Public Service Employees Union (Sullivan) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2012 CanLII 76557

Grievance Settlement Board

GSB# 2011-0536
UNION# 2011-0368-0028

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union
(Sullivan)

Union

• and -

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

Employer

BEFORE
Brian M. Keller
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
Eastern Regional Office
Staff Relations Officer

HEARING
October 12, 2012.

Decision

1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The grievance in this case relates to an alleged unjust discipline.

3After reviewing the submissions of the parties and the collective agreement, it is my determination that the grievance should be allowed. The discipline is to be removed from the grievor’s files and she is to be made whole for the period of the suspension.

4I remain seized as required.