HomeMy WebLinkAbout1990-1838.Weekes.91-03-21 ONTAFItO EMPLOY~S DE LA COURONNE
CROWN EMPL 0 YEES DE L 'ONTA FItO
GRIEVANCE C.OMMISSlON DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
780 DUNDAS STREET WEST, SUITE2100, TORONTO, ONTAR/O. MSG 1Z8 TELEPHONE/TELEPHO~'E: (~51 J25-~3~$
IN THE I~TTER OF AN ~ITI~TION
Under
THE CROWN E~PLOYEEB COlLECTiVE B~RG&IN[NG ~CT
Before
THE GR~EV~CE SETTLE~ BO~
BETWEEN OPSEU (Weekes)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Correctional Services)
Employer
BEFORE: N. Dissanayake Vice-Chairperson
M. Lyons Member
D. Clark Member
FOR THE S. Ursel
GRIEVOR Counsel
Cornish Roland
Barristers & Solicitors
FOR THE J. Ravenscroft
EMPLOYER Grievance officer
Human Resources Branch
Ministry of Correctional Services
HEARING: February 25, 1991
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AWARD
This is a grievance filed by Mr. .Anthony Weekes, a
Correctional Officer 2, employed a't the Toronto East Detention
Centre, wherein he grieves that he has been unjustly
disciplined by the Employer.
The alleged disciDline is the issuance of a letter dated
August 27, 1990 to the grievor, tt is agreed that on August
23, 1990, the grievor, who is also a Unic. n steward, became
aware that racist slogans had been written on the locker
belonging ~o a fellow correctional officer 'who is black. The
grievor, who is also black, became quite upset and sought
Dermission from management to address his co-workers at the
morning parade prior to the shift, about his concerns relating
to the racist conduct of the unknown perpetrator. Permission
was refused. Nevertheless, the grievor took it upon himself
to address the officers assembled for parade without
permission. It was this conduct that caused the Employer to
issue the letter in question. Througho'~t the grievance
procedure and at the hearing, the Employer took the position
that the letter wa~ only intended as means of communication
and did not constitute discipline.
After the opening remarks by both counsel, at the
suggestion of the Board, the parties engaged in discussions
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and executed and filed with the Board the following memorandum
of settlement.
IN THE MATTER OF THE GRIEVANCE OF
Anthony Weekes
Correctional Officer 2
Toronto East Detention Centre
G.S.B. File # 1838/90
BETWEEN:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(The Union)
-AND-
THE CROWN IN RIGHT OF ONTARIO
(Ministry of Correctional Services) (The Ministry)
MEMORANDUM OF SETTLEMENT
The Parties agree to the full and final settlement
of the above-noted grievance without precedent and
without prejudice to any future and/or similar
matter on the following terms:
The Employer agrees to remove the letter dated
August 27, 1990 from Diane Doherty to ~he grievor
from the grievor's personnel file.
2. The Employer agrees to remove all Occurrence Reports
about the grievor's actions on August 23, 1990 from
the grievor's personnel file.
3. The Parties further agree that no documentation,
correspondence or reports that may refer to the
incident involving the grievor on August 23, 1990,
including but not limited to the grievor's
correspondence dated August 23, 1990 and September
13, 1990, will be relied upon or referred to by
either party in any other matter or forum.
4. The Employer and the Union agree to a joint
approach, through the Race Relations Committee, to
the Ontario Human Rights Commission for its
assistance in supplementing existing training and
development in the field of anti-discrimination
policies and practices.
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5. The Employer agrees to issue and circulate to all
staff at the Toronto East Detention Centre the
~emorandum which is appended as "Schedule A" to
these Minutes of Settlement. In accordance with
usual practice, the memorandum will be read at
Parade by the shift I/C on all shifts~ for five (5)
consecutive days in order to bring it to the
attention of all staff.
6. The grievor agrees to withdraw the written grievance
dated September 17, 1990.
7. The parties request that this settlement be
incorporated as an order of the G.S.B.
Dated this 25th day of February, 1991
"signed" "signed"
For the Grievor For the Ministry
"signed"
For the Union
SCHEDULE "A"
MEMO
TO: All Staff
FROM: D. Doherty., Superintendent
SUBJECT: Racist Graffiti and Comments
In the past, an unknown individual or indivi~uals
took it upon. themselves to place racist slurs and/or
derogatory remarks on the locker of an employee in
this institution. Such behaviour is not acceptable.
Management reaffirms the right of all employees to
a discrimination-free workplace. Therefore, all
staff are reminded that the management of this
institution will not tolerate any racial or sexual
harassment among employees or any other behaviour
contrary to the Human Rights Code. This includes
racial or ethnic jokes or name calling; unwelcome
5
sexually suggestive remarks or actions; or negative
stereotyping of any group identified by their race,
ancestry, place of origin, colour, ethnic origin,
citizenship, religion, sex, age, marital status,
family status or handicap.
Any infractions of this policy may result in
disciplinary action up to and including dismissal.
Further, Management reaffirms its support of the
Ontario Human Rights Code and will vigorously
prosecute employee offenders engaging in
discriminatory conduct.
The board hereby directs that the parties comply with the
terms of the memorandum of settlement set out above.
Dated this 21Stday of March 1991 at Hamilton, Ontario
N.V. Dissanayake
Vice-Chairperson
M. Lyons ~ ·
Member~
D. Clark
Member