GSB# 2018-3528; 2018-3529; 2018-3628

UNION# 2018-0616-0010; 2018-0616-0011; 2018-0616-0012

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McGillvray)

Union

• and -

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

Employer

BEFORE

Reva Devins

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Justin O’Gorman Treasury Board Secretariat Employee Relations Advisor

HEARING

December 7, 2020

Decision

1This matter proceeded as a mediation/arbitration, pursuant to s. 22.16 of the Collective Agreement. The parties were able to resolve a number of issues in dispute, however, they requested that a decision be issued with respect to the imposition of a one-day suspension for alleged misconduct in the execution of the Grievor’s duties.

2I have considered the evidence and submissions of the parties and determined that the imposition of discipline was not warranted in all the circumstances of this case. I would therefore allow the grievance and order that the letter of suspension by rescinded, but with no award of further compensation.

3I will remain seized in the event that an issue arises with respect to the interpretation or implementation of this decision.