GSB# 2023-03159

UNION# 2023-0248-0149

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Senechal)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jennifer Charlton Treasury Board Secretariat Employee Relations & Negotiations Division Employee Relations Advisor

HEARING

March 6, 2024

Decision

1Ms. Tania Senechal, a Correctional Officer at the Hamilton Wentworth Detention Centre, filed a grievance on May 6, 2023. She alleges that the employer breached the collective agreement when it issued a three day disciplinary suspension to her for abandoning her assigned post, leaving the institution without authorization before the end of her shift on February 11, 2023, and falsifying the attendance record by failing to accurately record her departure time on the time sheet. 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 have decided to grant the grievance in part, by substituting a lesser penalty of a two-day suspension. Accordingly, the Ministry is ordered to amend the discipline letter and reimburse the grievor for eight hours of pay.