GSB#2013-1116, 2013-1117, 2013-2387, 2013-2388, 2014-0913

UNION#2013-0135-0008, 2013-0135-0009, 2013-0135-0015, 2013-0135-0016, 2014-0135-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rundle)

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

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Staff Relations Advisor

HEARING

October 29, 2014

Decision

1The Employer and the Union at the South West Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of 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.

2Mr. Ryan Rundle, a Correctional Officer since 2003 filed five grievances. On April 8, 2014 he was informed that he would receive a five-day suspension for an incident that occurred on April 18, 2013. He had previously been suspended with pay pending an investigation for this incident. He alleged that he was disciplined without just cause and additionally requested that he be fully compensated for missed statutory holidays and missed overtime opportunities for the period he was on paid suspension.

3The Board has previously dealt with the matter of missed overtime opportunities and paid holidays not worked while on a paid suspension and there is nothing about these two grievances which would lead to a different result. Accordingly, those grievances are denied.

4I heard from both the grievor and the Employer regarding the incident of April 18, 2013. After consideration I am of the view that there was cause for discipline but a five-day suspension was too harsh a penalty. I order the Employer to reduce the suspension to three days. The grievor is to be appropriately compensated for the two days and the record is to be adjusted accordingly.

5The fourth grievance was regarding an allegation that an Operational Manager told one of the grievor’s co-workers that new management was brought in to “clean house” and that the grievor should be fired. It was the grievor’s view that he was “targeted” for harassment. I did not hear from the Operational Manager. If this comment was made, and for the purposes of this decision I accept that it was, it was certainly poor management, if not harassment. I am prepared to declare that such comments are at the very least, inappropriate in the workplace. However, I am of the view that there is no further remedy that should be ordered.

6The final grievance alleges that the Employer violated the Collective Agreement by ordering the grievor to immediately write an incident report in the presence of an Operational Manager and without Union representation. The Employer did not deny these facts but suggested that there has been no violation of the Collective Agreement. I agree and this grievance is dismissed. There is no right to Union representation when writing incident reports.

7I remain seized in the event there are any implementation difficulties.