Arbitrator Reduces Suspension from 5 to 1 Day for Ontario Public Service Employee

Strategic Insights -

A decision was rendered by the Grievance Settlement Board on April 9, 2024, regarding a grievance submitted by the Ontario Public Service Employees Union (OPSEU) on behalf of its member, Anderson. The grievance alleged that a five-day suspension imposed on Anderson in 2020 was unjust or excessive. The Expedited Mediation-Arbitration process was conducted on April 4, 2024, where both parties presented their cases, and the arbitrator, Ian Anderson, made a decision without reasons, precedent, or prejudice.

Key Takeaways:

  • The arbitrator found just cause for disciplining the Grievor, but reduced the suspension from five to one day.
  • The Expedited Mediation-Arbitration process was utilized, resulting in a decision being issued within 15 working days.
  • The negotiated protocol between the Employer and the Union provides for the Expedited Mediation-Arbitration process in cases where grievances remain unresolved.
  • The arbitration was conducted by Ian Anderson, an Arbitrator of the Board, who considered the representations of both parties before making the decision.
  • The Grievance Officer for the Union was represented by Alex Andrews, while the Employee Relations Advisor for the Employer was Jacqueline Galvao.
  • The decision was made without reasons, precedent, or prejudice, and was issued on April 9, 2024.

Statistics:

  • 1 day: the reduced suspension period imposed on the Grievor.
  • 5 days: the initial suspension period imposed on the Grievor.
  • 15 working days: the timeframe within which the decision was issued.
  • 1: the number of Arbitrators involved in the Expedited Mediation-Arbitration process.
  • 1: the number of Employee Relations Advisors involved in the case as representatives for the Employer.
  • 1: the number of Grievance Officers involved in the case as representatives for the Union.

Sources:

  • IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
  • Grievance Settlement Board - Decision dated April 9, 2024