GSB# 2022-7461

UNION# 2022-0248-0536

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Singh)

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

Shivani Ramoutar Treasury Board Secretariat Employee Relations & Negotiations Division Employee Relations Advisor

HEARING

March 6, 2024

Decision

1Mr. Daljinder Singh, a Correctional Officer at the Hamilton Wentworth Detention Centre, filed three grievances on April 28. 2022, June 29, 2022 and July 7, 2022, alleging that the employer breached Articles 2, 3, and 9 of the collective agreement when it issued, respectively, three letters of reprimand for failure to wear proscribed PPE, a face mask as required by the Ministry Directive during the Covid-19 Pandemic. The grievor seeks full redress. 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 these grievances.