GSB# 2019-2921

UNION# 2020-0368-0049

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Winsley)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Emily Lewis Treasury Board Secretariat Employee Relations Advisor

HEARING

December 8, 2020

Decision

1The Employer and the Union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that an Arbitrator of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2On December 7 and 8, 2020 the parties at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The Grievor received a two day suspension in relation to his use of profanity in the workplace in the presence of children (attending during a “Bring Your Child to Work Day”) and, on a separate day, in the presence of a third party contractor. On the first occasion he also disparaged the Ministry. He seeks to have the suspension removed from his record and to be made whole.

4Having considered the representations of the parties, I conclude discipline was warranted. Having regard to all of the circumstances, I do not consider this to be an appropriate case to substitute a lesser penalty.

5Accordingly, the grievance is dismissed.