Arbitrator Reduces 10-Day Suspension to 5 Days for Ontario Public Service Employee

Strategic Insights -

A decision by Arbitrator Brian Sheehan has reduced a 10-day suspension to 5 days for an Ontario Public Service employee, Robert Vel, who was disciplined for misconduct at the Elgin-Middlesex Detention Centre. The arbitrator found that the discipline issued was excessive in the circumstances, despite the employee's admission to the alleged misconduct. The case revolves around the Employer's reliance on video surveillance evidence, which the Union argued contravened the collective agreement.

Key Takeaways:

  • The Employer disciplined Robert Vel, a CO2 at the Elgin-Middlesex Detention Centre, with a 10-day suspension for alleged misconduct on January 14, 2021.
  • The Union argued that the discipline should be declared void due to the Employer's reliance on video surveillance evidence, which they claimed contravened Appendix COR10 of the collective agreement.
  • The arbitrator found that the Employer's use of video surveillance evidence had "a degree of cogency" in breaching Appendix COR10 and reduced the suspension to 5 days.
  • The Grievor was found to have only 2 days' worth of prior suspensions on his record, which contributed to the arbitrator's decision to reduce the suspension.
  • The case highlights the importance of adherence to collective agreement protocols and the potential consequences of Employer missteps.

Statistics:

  • 10 days: the initial suspension issued to Robert Vel
  • 5 days: the reduced suspension ordered by Arbitrator Brian Sheehan
  • 22 years: Robert Vel's seniority at the Elgin-Middlesex Detention Centre
  • 2 days: Robert Vel's prior suspension on his record
  • 24-48 hours: the suggested window for Employer review of surveillance video, according to Arbitrator Ian Anderson's decision

Sources:

  • "Decision on an Arbitration Under the Crown Employees Collective Bargaining Act" (Grievance Settlement Board, 2024-05-14)
  • Ontario Public Service Employees Union v. Ontario (Solicitor General) (GSB 2019-2154), Arbitrator Ian Anderson, 2021-09-17