GSB# 2024-02663

Union# 2024-0234-0199

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Deonarine)

Union

• and -

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

Employer

BEFORE

Brian P. Sheehan

Arbitrator

FOR THE UNION

Alex Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jennifer Charlton Treasury Board Secretariat Employee Relations Advisor

HEARING

December 3, 2025

Decision

1The Employer and the Union at the Maplehurst Correctional Complex (MHCC) 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.

2Adrian Deonarine (the Grievor) is a FXT Correctional Officer employed at the MHCC.

3The Grievor was involved in a situation where an inmate was assaulted by two other inmates on the E-Wing of Unit 8 of the institution on December 7, 2023.

4The actions of the Grievor and another CO were subject of a Correctional Services Oversight and Investigation (CSOI). The September 5, 2024, CSOI report concluded that it was not substantiated that the Grievor facilitated the assault. It was determined, however, that he had entered the E-Wing of Unit 8 alone in response to the fight without a second employee in sufficient proximity to provide prompt assistance. It was also concluded that he left the dayroom door of Unit 8E unlocked (on the pin), which compromised the security of the institution and the safety of staff and inmates. Based on those findings, a 10-day suspension was issued to the Grievor on November 14, 2024.

5Upon reviewing the relevant facts, including the CSOI report, it has been concluded that while the Grievor’s conduct certainly warranted discipline, the issued 10-day suspension is excessive in the circumstances, and is reduced to a 2-day suspension. This reduction in the quantum of discipline was influenced by the following mitigating factors: (1) it was found that the Grievor had not facilitated the fight; (2) he entered the Unit in effort to assist the inmate who was being assaulted; (3) the Grievor had no prior discipline on his record; and (4) the Grievor acknowledged that his conduct was worthy of discipline.

6The grievance is therefore upheld, and the Grievor is to be made whole with respect to the reduction in the penalty. I remain seized regarding any dispute pertaining to remedy.