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Home My WebLink About1992-2425.White.94-03-10 -" -r <'::'.c'-. ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO lif. 1111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO, M5G IZ8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMILE /TELECOPIE (416) 326-1396 I 2425/92 IN THE MATTER OF AN ARBITRATION I Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (White) Grievor - and - ? I The Crown in Right of ontario (Ministry of Correctional Services) _4 Employer BEFORE: J Roberts Vice-Chairperson M. Lyons Member D Clark Member FOR THE H. Orton '- GRIEVOR Women's Legal Education & Action Fund FOR THE A. Gulbinski EMPLOYER Grievance dfficer Ministry of Correctional Services BEARING February 14, 1994 I , I ~ - - ~ r 1 , ~. - ~ ORDER In the course of the hearing in the present case, the parties settled the matter and requested that their memorandum of settlement be issued as an Order of the Board The terms of the memorandum of settlement are as follows The parties agree to the full and final settlement of the above-noted grievance on the following basis 1 Management of the Whitby Jail (management) acknowledges \ 1 that the grievor was subjected to sexual harassment I I through a series of telephone calls made by unknown persons in the summer of 1992 related to her being provided with promotional acting positions 2 Management acknowledges that whenMrs White brought this to the attention of Superintendent Kerlew on July 2, 1992 and management her complaint was. not dealt with in accordance with the Workplace Discrimination and Harassment Protection Policy (WD~P Policy) 3 Management assures the grievor that since the time of her initial complaint under the WDHP Policy, managers and staff of the Whitby Jail have been trained in the I I ~ .- ~" , ..,~ ( 2 workings of the policy and are in a better position to deal with such complaints. I 4 Management acknowledges that the assignmeAt of back-up I , support that was directed by Superintendent Kerlew ! respecting the grievor's acting shift lieutenant assignment on J~ne 16-19, 1992 was not in accordance with general procedure and created difficulty for the grievor in carrying out her assigned duties, and exacerbated the harassment she was experiencing ! 5 Management accepts the grievor's claim that the events described in paragraphs 1 to 3 above have negatively affected the grievor's opportunities for acting positions up to the present time However, management assures the grievor that it continues to have confidence in her abilities as a correctional officer, and her ability to successfully perform the duties of shift supervisor ina temporary capacity 6 Management further assures the grievor that in the future she will be given fair and equitable consideration for temporary assignments and competitions for permanent positions at the Whitby Jail on the same basis as other experienced correctional officers :,." L'"" ~- 1,;. 3 7 Management agrees to make every reasonable effort to I provide a work environment that is free from harassment land discrimination Management further" agrees to develop and implement by September 30, 1994 a protocol to deal with harassing telephone calls\ received by staff \ Management will discuss the protocol with Union representatives at a local employee relations committee meeting and the grievor may, at her option, be present during such discussions and make representations 8 The parties shall request that the terms of this settlement shall be made declarations and orders of the Grievance Settlement Board ) 9 The Grievance Settlement Board shall remain seized with respect to any matter arising out of tqe implementation of this settlement - 10. The Union and the grievor agree to withdraw the above- noted grievance. ~ , I ~ 4 "- DATED at London, Ontario, this lOthday of March, 1994 '-- ;A ----'....... ,// _, /\,J~ ;' ....-~ R J{ R;Oberts , Vice-Chairperson I JA ..--'-~ > " ~ /"~ ion;', U9-!2X'ember ~~ ~ D Clark, Employer Member '- / i '- ~),;. - 1- ~ ONTARIO EMPLOYES DE LA COURONNE 1'~ CROWN EMPLOYEES DE L 'ONTARIO 1111 GRIEVANCE COMMISSION DE . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100 TORONTO ONTARIO M5G lZ8 TELEPHONE/TELEPHONE (416) 326- 388 180 RUE DUNDAS OUEST BUREAU 2100 TORONTO !PNTARIO) MSG lZ8 FACSIMILE /TELECOPIE (416) 326-1396 March 21, 1994 , AMENDMENT RE 2425/92 OPSEU (White) and the Crown in Right of ontario (Ministry of Correctional services) \ Please remove the original cover page of the above noted decision and replace it with the attached. Yours truly, JJ/~v Joan Shirlow Registrar JS/dbg Encl. ". r :~ ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTAR/O 1111 GRIEVANCE COMMISSION DE . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100 TORONTO ONTARIO_ M5G lZ8 TELEPHONE/TELEPHONE (416) 326- 388 180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMILEITELECOPIE /416) 326-1396 ., ) 2425/92 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (White) Grievor - and - The Crown in Right of ontario (Ministry of Correctional Services) Employer BEFORE J. Roberts Vice-Chairperson M Lyons Member D Clark Member FOR THE H Orton GRIEVOR Counsel Cavalluzzo, Hayes & Shilton Barristers & Solicitors ) FOR THE A Gulbinski EMPLOYER Grievance Officer Ministry of Correctional Services HEARING February 14, 1994 ~ /' \ - I '" " ORDER In the course of the hearing in the present case, the parties settled the matter and requested that their memorandum of settlement be issued as an Order of the Board The terms of the memorandum 9f settlement are as follows The parties agree to the full and final settlement of the above-noted grievance on the following basis 1 Management of the Whitby Jail (management) acknowledges that the grievor was subjected to sexual harassment \ through a series of telephone calls made by unknown persons in the sUmmer of 1992 related to her being \ provided with promotional acting positions 2 Management acknowledges that when Mrs White brought this to the attention of Superintendent Kerlewon July 2, 1992 and management her complaint was not dealt with in accordance with the Workplace Discrimination and Harassment Protection Policy (WDHP Policy) 3 Management assures the grievor that since the time of her initial complaint under the WDHP POlicy, managers and staff of the Whitby Jail have been trained in the I -~-