GSB#2019-0290; 2019-0291

UNION#2019-0135-0006; 2019-0135-0007

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lim)

Union

• and -

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

Employer

BEFORE

D.J.D. Leighton

Arbitrator

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

David Marincola Treasury Board Secretariat Employee Relations Advisor

HEARING

February 20, 2020

DECISION

1Ms. Cynthia Lim, a Correctional Officer at the South West Detention Centre, filed two grievances on January 10, 2019 alleging that the Ministry breached the collective agreement when it issued two discipline letters to her: a reprimand and a three day (24 hours) suspension without pay. The Union submitted that the Ministry had no just cause for the discipline.

2The Ministry stated that after careful investigation and consideration of all the circumstances of two incidents, which are the subject of the discipline, it was decided that the grievor violated the Correctional Services Code of Conduct and Professionalism. The employer submitted that in coming to this conclusion, there was no breach of the collective agreement and the decision to discipline was appropriate in all the circumstances.

3The 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.

4Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I have decided to deny this grievance. I am satisfied that the discipline was appropriate given all the circumstances.