GSB#2014-5031

UNION#2013-0642-0052

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Snyder)

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

Caroline Markiewicz Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

April 21, 2015

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. Many 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.

2Mr. Brian Snyder is a long service Correctional Officer who received a five-day suspension. The reasons for the discipline were set out in a letter dated September 30, 2013. He filed a grievance alleging that he had been disciplined without just cause and asked that the discipline be rescinded.

3There was no significant dispute on the facts and it is not necessary to set them out in this decision. It is sufficient to say that given the facts and the mitigating factors in this matter, I am of the view that although some level of discipline is appropriate, a five-day suspension is too severe. Accordingly, I order the discipline be reduced to twelve hours. The grievor is to be appropriately compensated for the lost income.

4The Employer conceded that it understood that there was no question that the grievor intended to – or did - improperly profit from the unfortunate situation that brought about this discipline. Indeed, from the grievor’s point of view he was acting in good faith as the result of a request originally initiated by a member of management. For that reason, the letter of discipline is to be reissued taking that concession into account.

5I remain seized.