GSB#2011-0401

UNION#2010-0368-0155

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 and alleged missed overtime resulting from the 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 expunged and all reference to it removed from all employer files. She is to be made whole for the period of the suspension. Additionally, the employer is to pay the grievor 12 hours’ pay at the applicable overtime rate less those deductions required by law.

4I remain seized as required.