GSB#2016-2775

UNION#2017-0708-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lamb)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

November 16, 2017

Decision

1The Employer and the Union at the Thunder Bay Correctional 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.

2Ms. Allison Lamb worked as a Correctional Officer at the Thunder Bay Correctional Centre. She received a two-day suspension as the result of a heated interaction with an Operational Manager.

3The Employer was of the view that given the grievor’s disrespectful conduct – for which she showed no remorse when confronted – was such that a two-day suspension was warranted.

4The Union noted that the grievor had no discipline on her file and for that reason only a letter of reprimand is appropriate.

5After considering the facts and submissions I am of the view that there is just cause for discipline. I disagree with the Union that a letter of reprimand would be sufficient and find that a one-day suspension is the appropriate quantum. Accordingly, the Employer is to alter the grievor’s record and pay to her one day of wages. I remain seized.