HomeMy WebLinkAbout2015-3198.Dionne.17-04-13 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#2015-3198
UNION#2016-0369-0016
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dionne) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Ian Anderson Vice-Chair
FOR THE UNION John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER David Marincola
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING April 11, 2017
- 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 April 11, 2017 the parties at the Central North Correctional Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated protocol.
[3] The Grievor is a Correctional Officer. The grievance alleges that the Employer
failed to respond appropriately to what the Grievor considered to be a threat of
physical violence made to him by a Sergeant at the facility and which the Grievor
had reported to the Employer. More particularly, the Grievor alleges that the
Employer failed to offer him assistance, take steps to ensure his safety pending
investigation of the incident, conduct a proper investigation or advise him of the
results.
[4] From documents provided by the Employer and its representations, I am satisfied
the Grievor was offered assistance and that the Employer turned its mind to
whether or not it was necessary to take steps to ensure his safety and
determined that it was not. I am also satisfied that the Employer conducted an
investigation and orally advised the Grievor of its conclusion that there was no
breach of any applicable policy. The Employer also concluded that the statement
was not an actual threat of physical violence. Based on the material and
representations before me, these were reasonable conclusions. The Employer
acknowledges its conclusion that the statement did not constitute a threat may
- 3 -
not have been conveyed to the Grievor. The Employer thought the matter was
resolved when the Grievor and the Sergeant in question engaged in a voluntary
mediation process with an external mediator and the external mediator reported
that “both parties had an opportunity to speak and have agreed that the incident
was behind them and requires no further action.” Having said that, the Employer
acknowledges that the grievance was not withdrawn either before or following the
mediation. The procedural concerns raised by the grievance remain.
[5] At most it appears that the Employer failed to properly document its investigation
and formally advise the Grievor of its conclusions. I so declare. In all other
respects the grievance is dismissed.
Dated at Toronto, Ontario this 13th day of April 2017.
Ian Anderson, Vice-Chair