HomeMy WebLinkAbout2014-3702.Massicotte.17-11-27 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# 2014-3702; 2016-0437; 2016-2436; 2016-2585
UNION# 2014-5112-0228; 2016-5112-0058; 2016-5112-0161; 2017-5112-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Massicotte) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARINGS November 22 and 23, 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 Arbitrator 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 November 22/23, 2017 the parties at Toronto South Detention Centre agreed
to participate in the Expedited Mediation-Arbitration process in accordance with
the negotiated protocol.
[3] The grievor filed four grievances which were dealt with before me. Grievance
Number 2014-5112-0228 dated November 17, 2014 appears to pertain to a claim
for the payment of damages during a period of time when the grievor was on
WSIB. For all of the reasons set out in the decision of the GSB in OPSEU
(Monk) and MCSCS/MCYS decision dated April 20, 2010, this grievance is
dismissed.
[4] On November 3, 2014 the grievor was assaulted by an inmate. Grievances
Number 2016-5112-0058 and 2016– 5112-0161 deal with claims that the
employer has failed to comply with the Institutional Policy and Procedures
Manual pertaining to Workplace Violence, the Threats Against Staff
Memorandum and the Zero Tolerance Policy On Violence Against Staff Policy.
[5] After having carefully considered the submissions of the parties I hereby direct
the employer to comply with the requirements of these policies and
Memorandum and in particular, when a threat from or assault by an offender is
confirmed to exist, the superintendent or designate will determine whether it is
- 3 -
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.
[6] The above noted decision is to be made as quickly as is feasible in the
circumstances.
[7] Accordingly Grievances Number 2016-5112-0058 and 2016– 5112-0161 are
upheld in part.
[8] Grievance No: 2017–5112-0015 appears to pertain to a claim for the payment of
damages during a period of time when the grievor was on WSIB as well as a
claim that the grievor was improperly paid while on WSIB. Again for the reasons
noted above this grievance is dismissed.
Dated at Toronto, Ontario this 27th day of November 2017.
Janice Johnston, Arbitrator