HomeMy WebLinkAbout2014-4172.Sipila.17-01-27 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#2014-4172, 2014-4509
UNION#2014-0368-0215, 2014-0368-0221
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sipila) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER David Marincola
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING January 24, 2017
- 2 -
Decision
[1] The Employer and the Union at the Central East Correctional Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated Protocol. A number of the grievances were settled through that process.
However, this grievance remained unresolved requiring a decision from this Board.
The Protocol provides that decisions will be issued within a relatively short period of
time after the actual mediation sessions and will be without reasons. Further, the
decision is to be without prejudice and precedent.
[2] Mr. Steve Sipila and Mr. Iain Hutton filed grievances alleging that the Employer
violated various provisions of the Collective Agreement “by being negligent in the
adherence of compliance” with its own policies and procedures. These grievances
were filed following an incident involving an inmate.
[3] After consideration of the facts and submissions I make the following order:
• The Employer is to comply with the Institutional Policy and Procedures
Manual pertaining to Threats Against Correctional Services Employees.
• 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.
• The Superintendent or designate will ensure that the threatened
employee is kept informed of all proceedings.
[4] To that extent, the grievance is upheld.
Dated at Toronto, Ontario this 27th day of January 2017.
Felicity D. Briggs, Vice Chair