Ontario Public Service Employees Union (Dvorak) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2015 CanLII 89906

GSB#2014-5045

UNION#2015-0368-0092

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dvorak)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Belinda A. Kirkwood

Vice-Chair

FOR THE UNION

Elba Bendo Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Susan Munn Treasury Board Secretariat Legal Services Branch Counsel

HEARING

November 16, 2015

Decision

1The Grievance claimed that the Employer had violated Articles 2, 3.2 and 21 of the collective agreement by improperly disciplining the Grievor while he was conducting duties as an elected executive member of Local 368.

2The Grievor received a five day suspension for having, and using a cellphone while on duty, contrary to the Institutional Services Policy and Procedures Manual, and for failing to follow a directive of his manager to wait in the servery for the manager’s direction, contrary to the Code of Conduct and Professionalism policy, following an interaction on a Health and Safety matter on January 8, 2015.

3The matter proceeded under Artticle 22.16 of the collective agreement and the parties agreed that I should award a ‘bottom line’ decision.

4After hearing the submissions of Counsel and reviewing the documents and case law filed, I find that while there was just cause for discliplining the Grievor for possession and use of a cellphone while on duty, and for failing to follow his manager’s directives on January 8, 2015, in the circumstances that the penalty be reduced to a one day suspension.