HomeMy WebLinkAbout2016-1424.Croghan.16-10-19 Decision
Crown 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#2016-1424
UNION#2016-0616-0021
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Croghan) 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
Centre for Employee Relations
Employee Relations Advisor
HEARING October 12, 2016
- 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 12/13, 2016 the parties at North Bay Jail agreed to participate in the
Expedited Mediation-Arbitration process in accordance with the negotiated protocol.
[3] The grievor filed a grievance dated September 11, 2016 claiming that he was
assaulted by an inmate and that the employer had failed to comply with the Institutional
Policy and Procedures Manual pertaining to Threats Against Correctional Services
Employees.
[4] After having carefully considered the submissions of the parties I hereby direct the
employer to comply with the requirements of the policy and in particular, when a threat
from an offender is confirmed to exist, the superintendent or designate will determine
whether it is appropriate to transfer the offender to another facility or whether an internal
relocation is sufficient to maintain the safety of staff and the integrity of the process.
[5] The above noted decision is to be made as quickly as is feasible in the
circumstances.
Dated at Toronto, Ontario this 19th day of October 2016
Janice Johnston, Vice Chair