HomeMy WebLinkAbout2012-2568.McCabe.17-01-30 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#2012-2568
UNION#2012-0368-0154
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McCabe) 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 25, 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] Kellie McCabe filed a grievance after an incident regarding a boot moved to an area
designated for garbage. It is not necessary to review the facts of this matter. It is
sufficient to say that the parties did not fully agree on the facts. However, there was not
dispute that subsequent to this incident a video of the event was disclosed to a member
of the bargaining unit.
[3] Although I am not convinced that there has been a violation of the Collective
Agreement, the Employer was ill advised to release the video to the member of the
bargaining unit to whom is was released.
[4] The grievance is denied.
Dated at Toronto, Ontario this 30th day of January 2017.
Felicity D. Briggs, Vice Chair