GSB# 2022-11277
UNION# 2022-0368-2338
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Standish)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Brian P. Sheehan
Arbitrator
FOR THE UNION
Dan Sidsworth Ontario Public Service Employees Union Grievance Officers
FOR THE EMPLOYER
Nishal Nair Treasury Board Secretariat Employee Relations Advisor
HEARING
May 10, 2023
Decision
1The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and it is without prejudice or precedent.
2Patrick Standish (the "Grievor") is a Correctional Officer 2 employed at the Central East Correctional Centre.
3On November 23, 2022, the Grievor received a 3-day suspension for failing to complete security rounds as required on August 12, 2021. In particular, the Grievor along with other Correctional Officers (COs) assigned to Unit 4B that day were required to complete patrols at least twice each hour at staggered intervals, no longer than 30 minutes apart.
4It would appear without dispute that the Grievor failed, along with the other COs assigned to the Unit, to complete the patrols as required for a period of approximately 2 hours on the day in question.
5An inmate was apparently seriously assaulted on that Unit during the relevant period in question.
6The Union and the Grievor claimed a significant mitigating factor was that as a result of the impact of the COVID-19 pandemic, the Unit was significantly short-staffed on the day in question. It was further asserted that when the Officers approached the Sergeant supervising the staff on the Unit that day with their concerns about being short-staffed, the response provided was to make do as best they could.
7The Employer indisputably had just cause to discipline the Grievor for failing to complete the security patrols as required. It is my determination, however, given the relevant mitigating factors, that the penalty should be reduced from a 3-day suspension to a 1-day suspension.
8The grievance is therefore upheld in part, and the Grievor is to be made whole with respect to any lost wages and benefits.
Dated at Toronto, Ontario, 15th day of June 2023.