GSB#2014-0092

UNION#2014-0642-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Aumont)

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

Nick Mustari Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Anne Fowler Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

April 22, 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. Jacques Aumont is a long service Correctional Officer who received a twenty-day suspension as the result of an incident that took place in the workplace on February 18, 2014. The grievor filed a grievance alleging that the discipline was without just cause and asked it be rescinded.

3The facts that brought about this suspension are not in dispute. In particular, the grievor did not – at any time – take issue with the Employer’s allegation.

4It is not necessary to set out the facts but it is important to note that I must find that the incident that brought about this discipline was of a serious nature. However, there are a number of mitigating factors including the grievor’s length of service, his lack of prior discipline and the fact that he accepted full responsibility from the outset. There was no premeditation of this activity. Indeed, it is understandable why the grievor described it as a “momentary lapse in judgment.” In addition the grievor had some personal stresses in his life at the time.

5Accordingly, I order that the discipline be reduced to a twelve-day suspension and Mr. Aumont should be compensated appropriately for the difference.

6I remain seized.