HomeMy WebLinkAbout2014-4176.Cliffe.15-10-08 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#2014-4176
UNION#2014-0369-0156
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cliffe) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Treasury Board Secretariat
Employee Relations Advisor
HEARING October 5 and October 6, 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 October 5/6, 2015 the parties at Central North Correctional Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated protocol.
[3] The grievor filed a grievance dated November 4, 2014 claiming that the Employer
violated the health and safety and no discrimination/harassment provisions of the
collective agreement and the Ontario Human Rights Code in removing her from her
position in Admit and Discharge based on concerns related to her medical condition.
[4] After having carefully considered the submissions of the parties I hereby declare
and direct as follows:
a). The employer shall offer the grievor a three month temporary assignment
in the Program Support Clerk position in Building 13 at the applicable
OAG 8 rate of pay. If the grievor accepts this assignment it must
commence at a mutually agreeable date within the next 30 days.
b). In the event that there are permanent vacancies within the Inmate
Records Clerk position within the next 12 months the employer shall give
fair and reasonable consideration to offering the grievor a minimum 3
month temporary assignment in the first permanent vacancy that arises in
the Inmate Records Clerk position at the applicable OAG rate of pay.
- 3 -
c). The grievor shall have the option of declining any placement offered
pursuant to the above.
d). The employer shall screen the grievor into the competition for the Program
Support Clerk position (#81083) which was recently posted and grant her
an interview.
e). The grievance is hereby terminated.
[5] In making the directions set out above I wish to make it clear that any and all issues
that could give rise to a complaint pursuant to the Ontario Human Rights Code have
been addressed and were considered as part of this decision making process.
Dated in Toronto this 8th day of October, 2015
Janice Johnston, Vice-Chair