Ontario Public Service Employees Union (Stickle) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2019 CanLII 12513

GSB# 2015-2489

UNION# 2015-0229-0030

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Stickle)

Union

• and -

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

Employer

BEFORE

D.J.D. Leighton

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

David Marincola / Samantha Gray Treasury Board Secretariat Employee Relations Advisor / Labour Relations Intern

HEARING

November 7, 2018

DECISION

1Mr. Gary Stickle, a Correctional Officer 2 at Ontario Correctional Institute, filed a grievance on October 19, 2015, alleging that the employer breached Articles 2, and 3 of the collective agreement. The union alleges that management should not have required the grievor to write an occurrence report on being late for a morning shift, after already making him sign a late slip. By way of a remedy, the union seeks an order that the differential treatment and harassment cease, and compensation. The employer submits that there has been no breach of the collective agreement and there is no evidence to support a claim for harassment and differential treatment.

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 evidence put before me including documents submitted by the union and the employer, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby deny the grievance.