Grievance Settlement Board Denies Correctional Officer's Appeals
The Grievance Settlement Board has denied the appeals of Correctional Officer Daljinder Singh, who claimed that the employer breached the collective agreement by issuing reprimands for failing to wear personal protective equipment (PPE) and a face mask during the COVID-19 pandemic. The Board found that the employer had just cause to issue the discipline and that there was no breach of the collective agreement. This decision follows a March 6, 2024 hearing, where the parties agreed that the Board had jurisdiction to deal with the matter and requested a decision without precedential value and without written reasons.
Key Takeaways:
- The Grievance Settlement Board has denied the appeals of Correctional Officer Daljinder Singh, who sought to overturn three reprimands issued for failing to wear PPE and a face mask during the COVID-19 pandemic.
- The Board found that the employer had just cause to issue the discipline and that there was no breach of the collective agreement.
- The grievances were filed under Articles 2, 3, and 9 of the collective agreement and alleged that the employer breached the agreement.
- The parties agreed to have the matter dealt with through mediation/arbitration in accordance with Article 22.16 of the collective agreement.
- The Board denied the grievances, finding in favor of the employer, The Crown in Right of Ontario (Ministry of the Solicitor General).
- Dan Sidsworth from the Ontario Public Service Employees Union represented the union, while Shivani Ramoutar from the Treasury Board Secretariat represented the employer.
Statistics:
- 3 grievances were filed by Correctional Officer Daljinder Singh on April 28, 2022, June 29, 2022, and July 7, 2022.
- The Board received the grievances in March 2024.
- 2 letters of reprimand were issued to the grievor for failure to wear PPE and 1 letter of reprimand was issued for failure to wear a face mask as required by the Ministry Directive during the COVID-19 pandemic.
- The parties agreed to have the matter dealt with through mediation/arbitration in accordance with Article 22.16 of the collective agreement.
Sources:
- The Crown Employees Collective Bargaining Act
- The Grievance Settlement Board
- Ontario Public Service Employees Union
- Treasury Board Secretariat Employee Relations & Negotiations Division
- (Source not explicitly provided in the original material; therefore, not included)