HomeMy WebLinkAbout2024-00150.Union.24-09-17 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2023-00150
UNION# 2023-0999-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Kumail Karimjee Arbitrator
FOR THE UNION Rebecca Jones
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Paul Meier
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING August 29, 2024
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Decision
[1] The parties mediated this grievance alleging a violation of Appendix COR 14 of the
OPSEU Correctional Bargaining Unit Collective Agreement (January 1, 2022 to
December 31, 2024).
[2] At mediation, on August 29, 2024, the parties agreed to the following terms:
GSB No. 2023-00150 (OPSEU # 2023-0999-0006)
In the Matter of a Grievance Arbitration
BETWEEN:
Ontario Public Service Employees Union / SEFPO
(“Union”)
- and -
THE CROWN IN RIGHT OF ONTARIO
(Ministry of the Solicitor General)
(“Employer”)
WHEREAS in 2020, the Corrections De-escalation and Defensive
Tactics Program was identified for training redesign and updates
(the “DDT Program”) as part of the Ministry’s training modernization
work;
AND WHEREAS the Employer advised the Union of a new
Occupational Stress Injury (“OSI”) module to be added within the
DDT Program at meetings of the Training & Development Ministry
Employee Relations Sub-Committee (Appendix COR 6) and the
Occupational Stress and Injury Sub-Committee (“OSI Sub-
Committee”) (Appendix COR 14) in 2021;
AND WHEREAS no training content was provided by the Employer
to the OSI Sub-Committee to review in 2021;
AND WHEREAS at the February 8, 2023 OSI Sub-Committee
meeting, the Employer advised the OSI Sub-Committee that the
Ministry had launched the DDT Program as part of its Block
Training Program and whereas the DDT Program is an important
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mandatory training and professional development program for
Institutional Staff;
AND WHEREAS Appendix COR 14 of the OPSEU Correctional
Bargaining Unit Collective Agreement, January 1, 2022 to
December 31, 2024, (“Collective Agreement”) provides, pursuant to
paragraph 3, that the OSI Sub-Committee would be given an
opportunity to review the OSI Module training content and provide
feedback prior to implementation;
AND WHEREAS the Employer concedes that it contravened its
obligation in this matter to give the OSI Sub-Committee the
opportunity to review the OSI Module’s content and provide
feedback before the DDT Program’s implementation;
AND WHEREAS the Union filed a Grievance bearing GSB No.
2023-00150 (OPSEU # 2023-0999-0006) dated March 24, 2023
and, in its “Settlement Desired” requested, inter alia, that the
Employer “cease and desist from implementing” the OSI Module;
AND WHEREAS on April 29, 2024, the OSI Sub-Committee’s
Employer co-chair advised the Union’s co-chair that the Employer
had endorsed the OSI Sub-Committee’s joint recommendation to
remove the OSI Module from the DDT Program and whereas the
OSI Module is currently not being taught in the field;
AND WHEREAS the above-noted grievance was referred to
arbitration and scheduled for hearing with Arbitrator Karimjee on
August 29, 2024;
NOW THEREFORE the parties have agreed to the following
Consent Order being issued by the Grievance Settlement Board:
1. The Employer acknowledges a contravention of
paragraph 3 of Appendix COR 14 of the Collective
Agreement.
2. The Employer agrees to comply with paragraph 3 of
Appendix COR 14 of the Collective Agreement which
provides that the OSI Sub-Committee is given an
opportunity to review OSI training content and provide
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feedback prior to implementation in accordance with the
Collective Agreement.
3. Pursuant to paragraph 3 of Appendix COR 14, the
parties agree that any further modifications to the OSI
Module that may be added within the DDT Program
shall be reviewed for feedback by the OSI Sub-
Committee prior to implementation.
4. This Consent Order fully and finally resolves Grievance
2023-00150.
5. This Consent Order is made on a without prejudice
basis to both parties’ positions in Grievance GSB No.
2020-0845 (OPSEU # 2020-999-0001).
6. The Parties agree that Arbitrator Karimjee shall remain
seized in the event that there are any difficulties with
regard to the enforcement, implementation or
interpretation of this Consent Order.
7. The Board hereby declares that this Consent Order is
binding on the parties.
[3] The parties requested that the above noted agreed terms be issued as a consent
order of the Board. As such, the agreed terms set out at paragraph 2 above shall
constitute an order of the Board and will have the same force and effect of a Board
order.
[4] I remain seized.
Dated at Toronto, Ontario this 17th day of September 2024.
“Kumail Karimjee”
Kumail Karimjee, Arbitrator