GSB#2015-0724

UNION#2015-0467-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Norton)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

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

HEARING

March 22, 2016

Decision

1The Employer and the Union at the Quinte Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Mark Norton is a Correctional Officer who was assigned to the position of Log Officer in the maximum area on November 26, 2014. An incident occurred that day that brought about the disciplining of a number of officers including the grievor who received a letter of warning.

3The Board was provided with facts and submissions. After a consideration of this matter I am of the view that the grievance must be upheld. The Employer did not discharge its onus to show that there was just cause for this officer to be disciplined. The incident was serious and I understand and agree with the Employer’s response with respect to other officers. However, I am not convinced that the grievor’s conduct warranted a letter of warning.

4For those reasons, the grievance is upheld. I order the letter of warning to be removed from his file forthwith.