GSB# 2022-5154

UNION# 2022-0135-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Drewery)

Union

• and -

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

Employer

BEFORE

Deborah Leighton

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin Treasury Board Secretariat Employee Relations Advisor

HEARING

October 7, 2022

Decision

1Ms. Tawnya Drewery, a Correctional Officer at the South West Detention Centre, filed a grievance on April 22, 2022, alleging that the employer breached Articles 2, 3, and 9 of the collective agreement and that management breached her rights when it removed her from her accommodation as a GUI instructor. She seeks to be reinstated to the GUI instructor position and full redress.

2The 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 written reasons and without precedential value

3Having carefully considered the evidence and submissions of the parties on the allegations of the breach of the grievor’s human rights, as well as the jurisprudence of the Board, I grant the grievance. The employer shall reinstate the grievor to the GUI position as soon as is practical and no later than a week after the date of this order. I remain seized of any issues that may arise about the implementation of this order.