GSB#2022-6699

UNION#2022-0248-0516

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Gilbert)

Union

• and -

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

Employer

BEFORE

Deborah Leighton

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Ben Jensen Treasury Board Secretariat Employee Relations Advisor

HEARING

February 8, 2023

Decision

1Mr. Mark Gilbert, a Correctional Officer at the Hamilton Wentworth Detention Centre, filed a grievance on June 25, 2022, alleging that the employer breached the collective agreement when it issued a three day disciplinary suspension for leaving the institution an hour before the end of his night shifts on April 2 and April 3, 2022. The grievor seeks repayment of the 24 hours of lost wages. The employer maintains that it had just cause to issue the discipline and there has been no breach of the collective agreement.

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 precedential value and without written reasons.

3Having carefully considered the submissions of the parties on the allegations of the breach of the grievor’s rights and the jurisprudence of the Board, I hereby deny the grievance.