HomeMy WebLinkAbout2015-1378.Andemariam.17-03-10 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#2015-1378
UNION#2015-5112-0119
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Andemariam) 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 James Cheng
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING February 23, 2017
- 2 -
Decision
[1] The Employer and the Union at the Toronto South Detention 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] Rahwa Andemariam is a fixed term Correctional Officer who filed a grievance
alleging that various provisions of the Collective Agreement were violated as the
result of her being ordered to sign a report that she did not author.
[3] There was a serious medical incident that occurred at TSDC on Saturday
February 14, 2015 and the grievor responded to the alarm that was sounded.
[4] According to the documents provided the grievor wrote a comprehensive report
of the incident on the same day. She stated that she was asked for further
information and was eventually ordered by an Operation’s Manager to sign a
report that she did not write. Ms. Andemariam was of the view that she was the
only person so ordered and that she was singled out because she is a fixed term
employee with less likelihood of refusing such an order.
[5] Not all of the facts of this matter were clear. However, if the grievor is right that
she was ordered to sign a report that she did not write herself I certainly
understand her concern. It is understandable that reports in situations such as
the one that occurred in February of 2015 are essential. However, individuals
should be allowed to author their own reports and not ordered to sign a report
written by another.
- 3 -
[6] Having said that, there is no violation of the Collective Agreement and therefore
the grievance is denied.
Dated at Toronto, Ontario this 10th day of March 2017.
Felicity D. Briggs, Vice Chair