HomeMy WebLinkAbout2013-0622.Poholko et al.14-03-26 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2013-0622, 2013-0623, 2013-0624
UNION# 2012-0549-0013, 2012-0549-0014, 2012-0549-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Poholko et al) Union
- and -
The Crown in Right of Ontario
(Ontario Science Centre) Employer
BEFORE David R. Williamson Vice-Chair
FOR THE UNION Sharon Naipaul
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Suneel Bahal
Ministry of Government Services
Legal Services Branch
Counsel
HEARING March 25, 2014
- 2 -
Decision
[1] The issue before me is proceeding under 22.16 of the Collective Agreement
Mediation/Arbitration procedure. The parties have agreed this agreement is on a without
precedent basis.
[2] On October 22, 2012 work was being conducted at the Ontario Science Centre (OSC)
involving the grinding of concrete which resulted in dust and particulates entering work
areas and work stations.
[3] The Employer recognizes that this occurred because the Employer did not take sufficient
precautions in accordance with the Health and Safety Contractor Policy (HSCP) and
Article 9 of the Collective Agreement to take every reasonable precaution in the
circumstances for the protection of a worker.
[4] Having heard the submissions of the parties, I hereby declare the Employer breached
Article 9 of the Collective Agreement.
[5] Accordingly, I hereby direct the parties to consult on the way the procedures contained in
the HSCP are implemented. In the interim it is understood that the obligations under the
OHSA remain in place.
Dated at Toronto, Ontario this 26th day of March 2014.
David R. Williamson, Vice-Chair