GSB# 2020-1919

UNION# 2020-5112-0219

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dilleon)

Union

• and -

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

Employer

BEFORE

Gail Misra

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

James Cheng Treasury Board Secretariat Employee Relations Advisor

HEARING

February 17, 2021

DECISION

1The Employer and the Union at the Toronto South Detention (“TSDC”) agreed to participate in mediation-arbitration in accordance with the Local Mediation-Arbitration Protocol that has been negotiated by the parties. Should mediation not result in resolution of a grievance, pursuant to the Protocol, they have agreed to a mediation-arbitration process by which each party provides the Arbitrator with their submissions setting out their respective facts and the authorities they may be relying upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, so that it is without precedent or prejudice to any other matters between the parties, and is issued without detailed written reasons.

2John Jay Dilleon is a Correctional Officer at the TSDC. He filed a grievance dated October 15, 2020 claiming essentially that the Employer has issued a Letter of Reprimand to him without just cause. He seeks the removal of the discipline from his record.

3The incident giving rise to the discipline arose on June 30, 2020. Initially the Employer alleged that on that day the Grievor had parked his vehicle in a Ministry or other designated spot without authorization. That allegation was later withdrawn before the Grievor was given the Letter of Reprimand.

4The second allegation was that on that day, when the Grievor found that he had been issued a parking ticket, he had engaged in disrespectful, unprofessional and inappropriate conduct when he attended the General Duty Manager’s (GDM) office to inquire about the parking ticket. The Grievor was also alleged to have shouted profanities at Sergeant Sivalingam.

5The third allegation was that in the heated exchange the Grievor engaged in on June 30th, he had uttered a threat saying “I have a baseball bat in my trunk, watch what f-----g happens if anyone touches my car again”.

6At the allegation meeting held on July 28, 2020, the Grievor conceded that he had not parked in the staff parking area on the day in question, but that others, including managers and nurses, also parked in the area near the bailiff’s exit. According to the Grievor, there was no signage indicating that he could not park there. He indicated he had not gone to the GDM about the parking ticket, but rather to tell Sgt. Sivalingam that he was cancelling the remainder of his overtime shift as he felt that ongoing harassment from the security department at the TSDC was affecting his personal health and well-being. The Grievor was told to write an Occurrence Report (OR) as one is required if one has accepted a shift and then cancels. He did so.

7The Grievor conceded that he had been heated, and had used his “outside voice”, but maintained he did not engage in disrespectful behaviour against the GDM, but was yelling at Sgt. Richards, who was the only one who had ultimately been able to calm him down enough so he had been able to write the report.

8With respect to the use of profanity, the Grievor stated that he had not used any profanity, but rather was speaking in patois to Sgt. Richards.

9The Grievor claimed he did not make the threatening comment attributed to him, and took issue with the reference to a “car” as he stated that he did not drive a car, but rather an SUV or vehicle.

10Sgt. Sivalingam’s Occurrence Report about the incident indicates that at about 4:30 p.m. the Grievor had come to his office visibly upset and started yelling about management putting tickets on his car, apparently implying that Sgt. Sivalingam had given him a parking ticket. When he tried to speak to the Grievor, Mr. Dilleon apparently became more agitated, and was shouting so loudly that Staff Sgt. Seales overheard the Grievor’s voice and told him to calm down and to remain professional. The Grievor is said to have been using profanities, although what those were is not reported. Mr. Dilleon left the office, returned to sign his overtime sheet, left again, and then called Sgt. Sivalingam to advise that he was cancelling the last two hours of his overtime shift. He was told to complete an OR, which he later did at 6 p.m. As he was leaving the GDM office the first time, the Grievor apparently said “I have a baseball bat in my trunk, watch what f-----g happens if anyone touches my car again”.

11Sgt. Richards also filed an OR about the incident. She was working in the General Duties Office at around 4:30 p.m. on June 30, 2020 when the Grievor arrived there. She described him as “displaying irrational behaviour in regards to receiving a parking ticket”. She heard him tell Sgt. Sivalingam to stop ticketing his car, and the Sargent responding that they have nothing to do with issuing parking tickets. Ms. Richards confirmed that information, and that parking tickets were issued by Parking Enforcement Officers. She described the Grievor as continuing to yell and curse until Staff Sgt. Seales came and told the Grievor that his behaviour was unacceptable and unprofessional, at which point he then left the office. According to Sgt. Richards, as he left the Grievor started using profanities towards staff. She did not describe the profanities used.

12Staff Sgt. Seales filed an OR about this incident. She reported that at around 4:30 p.m. on June 30, 2020 she had heard loud voices coming from the GDM’s office so she had gone to investigate what was going on. She saw the Grievor, appearing very upset, standing at the counter speaking in a very loud voice regarding parking tickets he had received. She spoke to the Grievor about the way he was speaking; she told him that kind of behaviour was not acceptable in the workplace, and that he had to remain professional no matter what was upsetting him. The Grievor told her that it was a jail. Staff Sgt. Seales reiterated her admonition and then returned to her own office.

13On October 5, 2020 the Employer issued a letter of reprimand to Mr. Dilleon, and that led to the filing of this grievance.

14Based on the evidence before me, Mr. Dilleon was clearly upset about receiving a parking ticket, and he was behaving in an unprofessional and rude manner in his loud accusations of Sgt. Sivalingam in the workplace. It is not clear what profanities were used, but from the level of discipline given in this instance, it appears that was another aspect of the Employer’s reason to give the Grievor the Letter of Reprimand. While the Grievor may not recall exactly what he was saying during the incident as it is apparent he was very upset, I accept that the two Sergeants and the Staff Sgt. heard Mr. Dilleon’s loud tone, and his acting in anger towards Sgt. Sivalingam regarding having received a parking ticket.

15Having considered the documents submitted and the submissions of the parties, I find that the Employer had just cause to give the Grievor a Letter of Reprimand, which I note is a relatively low level of discipline.

16For the reasons outlined above, the grievance is dismissed.