GSB# 2019-1928

UNION# 2019-0229-0043

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Frano)

Union

• and -

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

Employer

BEFORE

D.J.D. Leighton

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caitlyn Borth Treasury Board Secretariat Employee Relations Intern

HEARING

January 9, 2020

DECISION

1Mr. Frank Frano, a Correctional Officer 2 at the Ontario Correctional Institute, filed a grievance on September 30, 2019, alleging that the three-day disciplinary suspension meted out on September 17, 2019 was excessive given the circumstances. The grievor seeks to have the discipline removed from his record and to be reimbursed for the 24 hours of pay that he lost. The employer takes the position that the grievor’s misconduct was deserving of discipline and that there is just cause to uphold the penalty.

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.