GSB#2015-1902

UNION#2015-0337-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Evans)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Spencer Brlek Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

November 4, 2016

Decision

1In a June 11, 2013 Memorandum of Agreement the parties agreed to continue the practice of local med/arb sessions throughout the Ministry of Child and Youth Services. In accordance with this Memorandum of Agreement, the parties held a med/arb session at Roy McMurtry Youth Centre in Brampton Ontario. A number of grievances were addressed from this and other Child and Youth facilities. Some of the outstanding grievances were resolved but a few including this matter remained in dispute and therefore require a short decision which is without prejudice or precedent.

2Darren Evans is a Youth Services Worker who was suspended for ten days as the result of an incident which took place on Saturday August 1, 2015 at Brookside Youth Centre.

3The parties reviewed the facts and there was little – if any – dispute as to what occurred on that day. The area of dispute was whether the incident was as the result of the grievor’s exercising his rights to refuse work due to a Health and Safety concern.

4I was persuaded by the Employer that the grievor did not raise Health and Safety concerns at the time of the incident. Rather, the complaint raised by Mr. Evans at the time was as the result of the Employer’s failure to replace kitchen staff.

5The parties provided fulsome submissions and jurisprudence in this regard.

6After consideration of the facts and submissions I am of the view that the Employer had just cause to discipline the grievor. However, a ten day suspension was excessive.

7I am of the view that given the mitigating factors – including the grievor’s long term service and clean disciplinary record – that a four day suspension was appropriate in these circumstances.

8I order the Employer to alter the grievor’s letter of suspension as set out in this decision and compensate the grievor accordingly.

9I remain seized.