GSB#2015-2160

UNION#2015-0108-0042

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kennett)

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

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

September 30, 2015

Decision

1The Employer and the Union at the Elgin Middlesex Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring 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.

2Rick Kennett filed a grievance after an incident that occurred on June 2, 2015. The grievor alleged that he was suspended from work and sent home resulting in a four-hour reduction in pay.

3The Employer had a considerably different view of the incident. It was contended that the grievor was unhappy with a managerial decision regarding the placement of a particular inmate. It was urged by the Employer that the grievor simply did not like the decision and decided to "pack up and leave".

4This Board was provided with various occurrence reports and the opportunity to speak with the grievor, the manager and the Superintendent.

5I am of the view that the grievor was not suspended and was not told that he was suspended both on that day and later. On a balance of probabilities I accept that the grievor chose to leave the workplace after a discussion about what type of credits he would use to offset his four hour absence.

6Accordingly, the grievance is dismissed.