GSB# 2025-01413

UNION# 2025-0108-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cosentino)

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 Officer

FOR THE EMPLOYER

Jodi Craig Treasury Board Secretariat Employee Relations & Negotiations Employee Relations Advisor

HEARING

October 7, 2025

Decision

1The Employer and the Union at the Elgin Middlesex Detention Centre (EMDC) 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.

2This Award addresses the appropriateness of a five-day suspension issued to Mario Cosentino (the “Grievor”) on June 23, 2025.

3The Grievor is a Correctional Officer who has been employed at EMDC since May 2021.

4The discipline issued to the Grievor relates to the unfortunate circumstances of an inmate (“Inmate B”) passing away in a cell at EMDC in the early morning hours of November 16, 2022.

5Inmate B was admitted to EMDC on November 9, 2022. Shortly thereafter, the inmate received medical attention at a hospital for head trauma and was returned to the facility a few days before November 15, 2022. He was assigned to intake Unit 8. It is not uncommon for inmates assigned to that Unit, including Inmate B, to be experiencing symptoms associated with detoxing/withdrawing from drug usage.

6The Grievor worked from 1200 to 2100 hours on November 15, 2022, which included one hour of overtime. He was a float officer for most of that day.

7The five-day suspension issued to the Grievor was based on two findings: First, the Employer determined that the Grievor failed to seek medical assistance as soon as possible for Inmate B, contrary to Ministry policy. Second, the Occurrence Report (OR) he completed about his interaction with the inmate was deemed by the Employer to be neither accurate nor factual.

8Inmate B's health seemed to be an issue throughout November 15, 2022. He spent a significant amount of time lying on the floor motionless in the day room of Unit 8.

9The Grievor's interaction with Inmate B that day was limited. Around 1330 hours, the Grievor saw Inmate B on the floor in the day room of Unit 8 via CCTV cameras, which he found “odd”. Just over a half an hour later, the Grievor and another CO went to the day room of Unit 8 to ensure the inmates returned to their cells. At that time, Inmate B was lying on his back on the floor with his arms outstretched. The Grievor asked Inmate B if he needed help to get back into his cell. Inmate B replied that he did not need assistance. In fact, Inmate B’s two cellmates did help him get back into the cell.

10The Grievor did not contact anyone regarding medical assistance for Inmate B. He claimed that he believed that healthcare staff had assessed the inmates, including Inmate B, on Unit 8 around 1300 hours. He also indicated that he understood that a call had been made by one of the COs on the unit to a Sergeant about Inmate B’s behaviour.

11The second allegation concerns the fact that in his Occurrence Report, the Grievor stated that Inmate B was assessed and refused an offer of Tylenol. He did not specify that he lacked firsthand knowledge of this claim, and that it was based on information provided by another CO.

12A Corrections Services Oversight Investigation (CSOI) was carried out by the Ministry of Correctional Services concerning the events surrounding Inmate B's death. The report from that investigation found that there was widespread failure among correctional staff to ensure Inmate B received the required necessary medical care on November 15 and 16, 2022. Regarding the Grievor, the CSOI report noted that when he saw Inmate B on the floor in the day room of Unit 8, he offered assistance, which was declined. It was also noted that the Grievor agreed that an inmate’s medical status and well-being could change immediately after being assessed by a nurse who had since left the unit. He also indicated that what had transpired was a learning experience that would guide him in the future.

13The Employer was clearly justified in disciplining the Grievor both for his failure to follow Ministry policy regarding seeking appropriate medical assistance for Inmate B as soon as possible, and because his Occurrence Report did not clearly specify that the information about Inmate B being assessed and refusing Tylenol was second-hand. However, consideration has been given to the following: (1) the Grievor’s contact with Inmate B on the day in question was very limited; (2) he acknowledged during the CSOI investigation that he, in fact, should have directly contacted the health unit when he encountered Inmate B on the floor in the day room of Unit 8; (3) he also acknowledged at the Allegation Meeting that the Occurrence Report he submitted was inaccurate and; (4) he had no prior discipline on his record. Taking into account these mitigating factors, the issued five-day suspension is reduced to a three-day suspension. The grievance is, therefore, upheld in part, and the Grievor is to be made whole with respect to the reduction in the suspension.