HomeMy WebLinkAbout2013-3791 Plouffe 18-02-13 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#2013-3791. 2014-3127
UNION#2013-0234-0021, 2014-0234-0452
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Plouffe) Union
- and -
The Crown in Right of Ontario
(Ministry of the Community Safety and Correctional Services) Employer
BEFORE Daniel A. Harris Arbitrator
FOR THE UNION Ed Holmes
FOR THE EMPLOYER Felix Lau
HEARING February 7, 2018
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Decision
[1] This matter came on for hearing on February 7, 2018. There have been two
previous Decisions rendered, being on November 22, 2017 and January 16,
2018. Both dealt with the Union’s particularized request for production of
documents it said were under the control of the Employer.
[2] At the hearing of February 7, 2018 the Union withdrew, without prejudice, any
and all allegations in the grievances before me of breaches of the Ontario Human
Rights Code and/or of article 3 of the collective agreement between the parties.
As I understand it, those withdrawals were at the request of the grievor, who has
retained an independent legal advisor. Accordingly, the claims that remain
before the Board relate to claims of violations of the Ontario Occupational Health
and Safety Act, the provisions in the collective agreement related to Health &
Safety and the provisions of Bill 168 – workplace antiviolence subsumed in the
above.
[3] The second issue addressed at the hearing of February 7, 2018 relates to what
the Union described as the Employer’s continuing to fail to comply with the
Board’s Orders to produce the documents described in my previous Orders of
November 22, 2017 and January 16, 2018 above. That includes a copy of the
final Local Investigation Report and any and all documents, including notes,
emails, correspondence or any other document, associated with that report.
Further, the Orders compelled the Employer to produce any notes made by one
Mr. Marchegiano at relevant meetings. Mr. Marchegiano has since retired. At
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the hearing on February 7, 2018, counsel for the Ministry submitted that the
Employer had not attempted to contact Mr. Marchegiano by telephone.
Subsequent to the hearing, the Board was advised that the Employer had
previously done so, but the telephone number was no longer in service. No
further or other attempts to reach him were made in order to attempt to comply
with the Board’s Orders. Mr. Marchegiano’s notes appear to be arguably
relevant. It is the Employer’s first duty to obtain and produce those notes, if they
exist.
[4] Finally, the Board’s Orders require the production of any and all Occurrance
Reports or other written forms of complaint filed by any employee against H.
Murchison and D. Murchison. The Union submits that to its knowledge there are
such documents that have not been produced, contrary to the Board’s Orders,
set out above.
[5] At the hearing of February 7, 2018, the Union put the Employer on notice that if
the documents previously ordered are not produced before the next scheduled
hearing date, it will ask the Board to engage in a show cause hearing to enquire
into the reasons for the failure to comply with the Board’s Orders and, if
appropriate, to make a citation of contempt, with its penal consequences, against
named representatives of the Employer.
Dated at Toronto, Ontario this 13th day of February 2018.
“Daniel A. Harris”
_____________________________
Daniel A. Harris, Arbitrator