GSB#2016-0795

UNION#2016-0368-0106

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Gringhuis)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sia Romanidis Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

November 24, 2016

Decision

1Mr. Adam Gringhuis, a Correctional Officer at the Central East Correctional Centre, filed a grievance on June 13, 2016, alleging that the employer breached the collective agreement by disciplining him with a five day suspension when he was conducting a work refusal. He seeks full redress, damages, and to have the discipline removed from his record. The employer submitted that there was no violation of the collective agreement and the discipline was appropriate in all of the circumstances.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I have decided to substitute the five day suspension with a lesser penalty. The employer is hereby ordered to remove the letter imposing a five day suspension and replace it with a letter imposing a three day suspension. Consequently, the employer is also ordered to pay the grievor for two days pay.