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HomeMy WebLinkAbout1988-1363.Clements et al.90-04-23 EMPLOY~'S DE LA COURONNE ONTARIO CROWN EMPLOYEES DE L 'ONTARtO GRIEVANCE CpMMISSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SMITE 21~, TORONTO, ONTAR~. MSG 1Z8 TELEPHONE/T~L~PHONE: (4~6) 325-1388 TSO, RUE DUNDAS OUEST~ BUREAU 2~00, TORONTO [ONTARIO). M5G 1Z8 FAC$IMtLE/TEL~CO~fE ,' (416) 326-1396 1363/88, 1322/88 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEE8 COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Clements et al) Grievor - and - The Crown in Right of Ontario (Ministry of Correctional Services) Employer BEFORE: R.J. Roberts Vice-Chairperson T. Kearney Member G. Milley Member FOR THE L. Rothstein GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE J. Benedict EMPLOYER Manager Staff Relations & Compensation Ministry of Correctional Services HEARING: May 24, 1989 October 12, 17 1989 April 23, 1990 MEMORANDUM OF SETTLEMENT In the matter of an arbitration between the Ministry of Correctional Services and Clements et al and Meades of the Stratford Jail (G.S.B. Nos. 1'~63/88 and 1322/8B respectively.) without prejudice and without reference to any future and/or similar case, Management of the Stratford Jail ("Management"), the Ontario public Service Employees Union (the "Union"), and the grievors agree to the following conditions of settlement: 1. Management agrees to complete its review and revision of the standing orders for the Stratford Jail by the end of September, 1990. 2. Management further agrees to refer the revised standing orders developed under paragraph 1 to the local }{ealth and Safety Committee for review of their health and safety components. Management will receive and consider the health and safety recommendations of the committee on or before December 3I, 1990. 3. Management agrees that in the absence of exceptional circumstances two (2) correctional officers shall be present to conduct strip searches. This will be reflected in the standing orders for the Stratford Jail referred to in paragraph I (the "local standing orders"). 4. Management agrees that in the absence ,of except i o ~na~t~ circumstances, two (2) correctional officers shall/ be present to open a segregation cell and that two ~(2)/.It~ // correctional officers shall be present to open corridor doors. This will be reflected in the standing orders and may b~ subjectv,tO a~changes Ministry Standards and Procedures. ~ 5. Management agrees to refer the matter of institution-' evacuation procedures to the local health and safety committee to review and develop relevant procedures for management's consideration and action. 6. Management of the Stratford Jail agrees to follow the ministry's procedures respecting inmate escorts as more specifically set out in a Memorandum of Settlement between the Union and the Ministry of Correctional Services (G.S.B. No. 1485/89 attached). 7. Management agrees that it is the obligation of Management to provide sufficient staff and/or reasonable procedures so that the terms set out in paragraphs ] and 4 can be met and that no bargaining unit employee shall be disciplined for failure to comply with paragraphs 3 and 4 where adequate stafi was not available provided the employee advised management at the tame .of the lack of staff available to perform the noted task%s and the employee has taken all reasonable action to comply with the relevant"~ standing orders. The parties agree that either the Union or Management~ shall have the right to make this Memorandum of Settlement an order of the Grievance Settlement Board. 9. The. Union and the grievors agree to withdraw the above-noted grievances. FOR THE UNION AND TBE GRIEVOR$: F F~ }BE RINISTRY: Witnessed by the Board of Arbitration in Toronto, this 23 day of ,. $. Milley, h,,,L.~' G.S.B. NO. 1485/89 MINUTES OF EETTLEM~ BETWEEN: O.P.S.E.U. (The 'Union') - and - MINISTRY OF CORRECTIONALSERVICES ("The Ministry") Re: Grievance of Mr. David Parsons OPSEU FILE NO. 89E880 The parties agree to resolve the above-noted grievance without prejudice-or precedent, on the following basis: 1. The Ministry shall implement the draft directive dated March 19, 1990 entitled "Vehicles for Community Escorts and Offender Transportation" with respect to "Principles for Community Escorts and Offender Transportation" at the Stratford Jail. 2. The grievance is adjourned $~ne hie and if the Union does not notify the Ministry of its intention to proceed to an arbitration hearing within four months of the date that these Minutes of Settlement are duly executed, the grievance shall be deemed withdrawn. 3. Either party may have these Minutes of Settlement entered as an order of the Grievance Settlement Board.