GSB#2015-2921

UNION#2015-0616-0052

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Butcher)

Union

• and -

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

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

October 12, 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 October 12/13, 2016 the parties at North Bay Jail agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The grievor filed a grievance dated August 26, 2015 claiming that he was improperly issued a written reprimand for allegedly refusing to follow a direct order. As he was sent home he was also seeking payment for nine hours of lost time.

4The letter of reprimand has been removed from the grievor’s file. After having carefully considered the submissions of the parties I decline to direct the employer to reimburse the grievor for the time lost and the grievance is dismissed.