HomeMy WebLinkAboutMoran Group 18-07-08In the Matter of an Arbitration
Between
Children’s Aid Society of Ottawa
(Hereinafter referred to as “the Employer”)
And
Ontario Public Service Employees Union – Local 454
(Hereinafter referred to as “the Union”)
Regarding: Group Grievance
Sole Arbitrator: Felicity D. Briggs
For the Employer: Céline Delorme, Counsel
For the Union: Michael Fisher, Counsel
1
The parties attended at the scheduled hearing on July 6, 2018 and agreed upon
terms to resolve a group grievance regarding various health and safety matters.
The following is the agreement which the parties asked be issued as a consent
order:
WHEREAS a group grievance was filed by the lead grievor, Shar on Moran, and 137 other
individuals on September 2, 2015, bearing Grievance No. 2015-0454-0011 (hereinafter the
“Group Grievance”). Following receipt of notification that her child was awarded Crown
Ward status without access for the purposes of adoption of her child, the mother, who
suffers from severe mental health disabilities, came to the Society on August 20, 2015.
Although she had been notified by staff not to attend for the pre-scheduled visit on August
20, 2015, the mother attended nonetheless. The mother had come to the Society by way of
taxi. She stated she had recently been evicted from her house that day, where she was
renovating her washroom. She proceeded to walk into the Society with large home
renovation items (a toilet sink, pedestal, sledgehammer etc.). The mother proceeded to drop
the items in the front lobby and some on the front desk. The lead Grievor, Sharon Moran,
came down to speak to the mother and to inform her that there would be no visit today as
her child was not there. The workers asked the mother to leave the building. The
conversation became heated as the mother was initially refusing to leave and encroache d
in Ms. Moran’s personal space.
WHEREAS the Union alleged the following:
Contrary to Article #7 of the Collective Agreement and #10 Letter of
Understanding, the Occupational Health and Safety Act as well as any
other Acts, legislation, and/or policies/standards that may apply, the
Employer has failed to maintain a healthy and safe workplace in
accordance with the provisions of the OHSA to reduce the risk of
injury/illness to its employees.
WHEREAS the initial remedy sought by the Union was: (1) to be made whole; and (2)
Any other remedy deemed suitable by an Arbitrator. However, the Group Grievance
included various concerns and sought remedies such as, but not limited to, a full glass in
the reception area and high-risk rooms, special constables, additional security officer
coverage, security vests for security officers, specialized defense from sharp-edged
weapons training, security officer escort in the community; metal detectors; and a risk
reassessment of the building;
WHEREAS Arbitrator Felicity Briggs was seized with hearing the matter and a mediation
was held on July 26, 2016, during which the Society agreed to initiate an RFP Process to
retain the services of a new security firm that delivers Tier 2 services;
WHEREAS the Employer contracted with Paladin Security Services (a Tier 2 security
firm);
2
WHEREAS the Employer also installed a partial glass barrier in the high-risk rooms and
the front reception;
WHEREAS arbitration hearing dates were scheduled for July 6, July 10 and July 25, and
November 27, 2018;
AND WHEREAS the Parties wish to come to a full and final settlement of all issues related
to the above referenced Group Grievance, including without limitation, all issues that have
been raised by the Union, informally or formally;
NOW THEREFORE the Parties agree as follows:
1. The Grievors and the Union shall withdraw any and all allegations with respect to
the above-noted Group Grievance and agree that the Group Grievance shall be
withdrawn. The Parties agree and acknowledge that any issues or allegations which
they may have had with respect to the above-noted Group Grievance have been
resolved to their mutual satisfaction.
2. The Employer shall make a request to Paladin Security Services w ithin five (5)
days from the execution of these Minutes of Settlement, that the security officers
assigned to work at the Telesat location be equipped with slash proof vests (not
bulletproof vests).
3. Both parties are committed to meeting their obligations under the Col lective
Agreement and the Occupational Health and Safety Act when it comes to health
and safety. While they recognize that the Society already has numerous safety
measures in place to meet these obligations, they will continue to work jointly to
enhance workplace safety.
4. The Parties agree that health and safety concerns, issues or queries will first be
raised at the Joint Health and Safety Committee (“JHSC”) prior to filing a
grievance. The JHSC was established jointly by the Employer and the Union. The
Terms of Reference stipulate that both parties acknowledge that health and safety
can only be successful where everyone in the workplace is committed to their health
and safety responsibilities.
5. The Terms and Reference stipulate that the JHSC is responsible for:
a. Identifying, evaluating and recommending a resolution of all matters
pertaining to health and safety in the workplace to the Director of Human
Resources;
b. Encouraging adequate education and training programs to ensure all
employees are knowledgeable in their rights and responsibilities under the
OHSA;
c. Addressing all health and safety matters that it deems appropriate;
3
d. Addressing all matters related to health and safety regulations, codes and
standards;
e. Reviewing all the health and safety-related policies and procedures on an
annual basis; and
f. Reviewing the Incident/Accident log at every JHSC meeting.
6. The JHSC has the power to identify situations that may be a source of danger or
hazard to workers and make recommendations to the Society and worker s for the
improvement of the health and safety of workers.
7. Should the Union fail to be satisfied with the JHSC’s response or proposed
resolution and/or the Employer’s response to the JHSC’s recommendation
following the health and safety concern, issue or query that was brought to its
attention, the Union may file its grievance as per the usual course and in accordance
with the terms of the Collective Agreement.
8. The Union further agrees to withdraw the following grievances on a without
prejudice basis as of the date of execution of these Minutes of Settlement:
a. Grievance 2018-0454-0010 filed on March 19, 2018 (Security Guard)
b. Grievance filed on June 6, 2018 (regarding the May 3, 2018, incident) in
exchange for the items proposed in the Employer’s response to the
grievance dated July 3, 2018, including:
i. an agreement to review the non-fire emergency response procedure
as it relates to having the receptionist call 9-1-1 in the event of an
incident;
ii. a new secure hand-sanitizer station in front reception;
iii. security officers will no longer escort clients to the access area to
get coffee; and
iv. a communication to all access clients reminding them that the
Society provides plastic cutlery for meal sharing and not to bring in
their own.
c. Grievance filed on June 14, 2018 (Kanata Office)
9. The Settlement of the above referenced Group Grievance and these Minutes of
Settlement shall not be construed as an admission of liability by the Group of
Employees, the Union or the Employer and any such liability is expressly denied.
10. The Parties confirm that they have read and understand the terms of these Minutes
of Settlement and that they have sought advice as they may require, and that they
are entering into these Minutes of Settlement voluntarily.
4
11. The representatives signing on behalf of the Employer and the Union confirm that
they have authority to bind their respective Parties. These Minutes of Settlement
shall be in full force and in effect as of the date of the execution of these Minutes
of Settlement.
12. Given the passage of time and the number of Grievors involved, the parties agree
to issue a joint communication (Union and Management) to all staff informing them
of the successful resolution to the long -standing Group Grievance and appending
the Consent Award.
13. Arbitrator Felicity Briggs shall remain seized of any issues that may arise out of the
implementation of the terms of these Minutes of Settlement.
14. The parties agree to adjourn the July 10, July 25 and November 27, 2018 , hearing
dates.
It is so ordered.
Dated in Toronto this 8th day of July, 2018.
Felicity D. Briggs