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HomeMy WebLinkAbout2014-0959.Smith.15-02-17 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#2014-0959 UNION#2013-0248-0039 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Smith) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Janice Johnston Vice-Chair FOR THE UNION Nick Mustari Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING February 9, 2015 - 2 - Decision [1] The Employer and the Union agreed to participate in the Expedited Mediation Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Vice Chair of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise. [2] On February 9, 2015 the parties at Hamilton Wentworth Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. [3] The grievor filed a grievance dated December 17, 2013 claiming that the Administration inappropriately authorized a Hamilton Regional Police Investigation into an incident in which a co-worker accused him of intentionally closing a grill on her at the Central Control post. The co-worker accused him of assault. [4] After having carefully considered the submissions of the parties I hereby deny this grievance. Dated at Toronto, Ontario this 17th day of February 2015. Janice Johnston, Vice-Chair