GSB# 2011-3590

UNION# 2011-0119-0015

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Davidson)

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

Jennifer Charlton Treasury Board Secretariat Employee Relations Advisor

HEARING

January 28, 2021

DECISION

1Mr. Carl Davidson, Correctional Officer 2 at Stratford Jail, grieved on November 17,2011, alleging that the employer breached Articles 2, and 21 of the collective agreement when he was disciplined with a three-day suspension.

2The employer submits there has been no breach of the collective agreement but in a Minutes of Settlement between the Ministry and OPSEU, October 1, 2020 the Ministry agreed to a reduction of discipline according to a schedule. Anyone with a three-day suspension was entitled to have the discipline reduced to two days, and be reimbursed for the lost wages, minus normal deductions.

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 precedential value, and without written reasons.

4Having carefully considered, the submissions of the parties on the grievances, as well as the jurisprudence of the Board, I hereby order the employer to reduce the grievor’s discipline to two days, and to compensate him accordingly, with lost wages for the day, minus normal deductions.