GSB# 2019-2424

UNION# 2019-0368-0373

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Crabtree)

Union

• and -

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

Employer

BEFORE

Brian P. Sheehan

Arbitrator

FOR THE UNION

Alex Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Ann Fowler Treasury Board Secretariat Employee Relations Advisor

HEARING

October 7, 2020 (by videoconference)

DECISION

1The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent.

2The grievor is employed as a Correctional Officer 2 at the Central East Correctional Centre (CECC).

3On December 10, 2019, the grievor received a one-day suspension. In the disciplinary letter issued to the grievor, the Employer cited two grounds for the suspension: (1) that the grievor participated in a concerted effort to disrupt operations on March 19, 2019, by purposely arriving late to her assigned post; and (2) that on the same day, the grievor used her cell phone in a secure area of the institution without authorization.

4The grievor does not dispute that she used her cell phone inappropriately on the day in question in a secure area of the institution without the requisite authorization. The grievor, however, takes issue with the claim that she purposely was late in arriving at her assigned post on March 19, 2019.

5It is my view that the grievor’s acknowledged improper use of her cell phone was a sufficient enough basis for the issuance of the one-day suspension. Accordingly, there is no need to address the Employer’s allegation that the grievor purposely arrived late to her assigned post on the day in question.

6Accordingly, the grievance is, hereby, dismissed.