GSB#2012-3424, 2012-3426

UNION#2012-0411-0033, 2012-0411-0035

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rauche)

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

Gary Wylie Ministry of Government Services Centre for Employee Relations Staff Relations Officer

HEARING

April 24, 2013.

Decision

1The Employer and the Union at the Ottawa Carleton Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Some of the grievances were settled through that process. However, a few grievances 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.

2Margot Rauche brought two grievances before this Board. The grievor was suspended with pay for a period of five months. She was then given a disciplinary suspension without pay. The parties resolved a number of matters regarding this incident.

3It is not necessary to set out the facts or submissions in these matters. Subsequent to our med/arb day, the parties provided further written submissions.

4I have been persuaded by the Union’s submissions. Accordingly, the grievor is to be made whole in terms of compensation and her seniority is to be adjusted so that she is to be credited with all of her hours lost due to sick leave for the period at issue.

5I remain seized.