GSB# 2021-0553

UNION# 2021-0678-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bowen)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin Treasury Board Secretariat Employee Relations & Negotiations Employee Relations Advisor

HEARING

June 5, 2024

Decision

1Ms. Beverly Bowen, a Correctional Officer at the Algoma Treatment and Remand Centre, filed a grievance on April 29, 2021, alleging that the employer breached the collective agreement when it issued a two day suspension to her for unprofessionalism and insubordination. The union maintains that the discipline was excessive. The grievor seeks full redress. The employer submits 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 find that the discipline was appropriate in the circumstances and hereby deny this grievance.