Ontario Public Service Employees Union (Fournier) v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2021 CanLII 82491

GSB# 2021-0215

UNION# 2020-0369-0024

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Fournier)

Union

• and -

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

Employer

BEFORE

D.J.D. Leighton

Arbitrator

FOR THE UNION

Alex Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jennifer Charlton Treasury Board Secretariat Employee Relations Advisor

HEARING DATE

May 13, 2021

DECISION

1Jason Fournier, a Mental Health Nurse, at Central North Correctional Centre, grieved on December 2, 2020, that the employer breached the collective agreement and any other applicable law, when it suspended him without just cause for three days on November 4, 2020. He seeks pay for the lost shifts and damages.

2The employer submitted that there was no breach of the collective agreement as the grievor’s misconduct was significant, and that the grievance should be dismissed.

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 grievance, as well as the jurisprudence of the Board, I hereby dismiss the grievance.