GSB#2015-3446

UNION#2016-0135-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Huppert)

Union

• and -

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

Employer

BEFORE

Tatiana Wacyk

Vice-Chair

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Heather McIvor Treasury Board Secretariat Labour Practice Group Counsel

HEARING

December 12, 2016

Decision

1The grievor was discharged on March 31, 2016. He grieves his discharge, pursuant to Article 22.8.2 of the Collective Agreement.

2The parties agreed to an expedited process, and asked that I issue a ‘bottom line’ decision without reasons.

3The parties submitted an Agreed Statement of Facts. In addition, I reviewed video clips of the incidents at issue, and heard the viva voce evidence of Karen Baxter, Superintendent, regarding the context in which the incidents occurred.

4I also heard the grievor’s viva voce evidence regarding his employment history, and personal life, that serve as mitigating factors. The grievor also expressed his remorse for his actions.

5Having considered all of the above, I substitute the grievor’s termination with a suspension, effective from March 31, 2016 until December 31, 2016.

6The grievor is to be reinstated to work from January 1, 2017, with full seniority, but without compensation for the period from March 31, 2016 until December 31, 2016. The discharge shall be removed from the grievor’s record and in its place shall be substituted a suspension for the period of March 31, 2016 until December 31, 2016.

7I remain seized with respect to the implementation of this award.