GSB#2012-2572

UNION#2012-0617-0021

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Tessier)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Vice-Chair

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

June 9, 2016

Decision

1The Employer and the Union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Vice Chair of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2On June 10, 2016 the parties at the Sudbury Jail agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The Grievor filed a grievance dated September 15, 2012 with respect to a one day suspension he received for abuse of sick leave on July 26, 2012. On that day, a supervisor testified that he observed the Grievor performing labouring work for a landscaping business owned by the Grievor. The Grievor denies that this was the case. Having considered the evidence, I prefer the evidence of the supervisor to that of the Grievor.

4Accordingly, I hereby deny this grievance.