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HomeMy WebLinkAbout2017-2103.Narejko.19-02-27 DecisionCrown 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# 2017-2103 UNION# 2017-0234-0181 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Narejko) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE D.J.D. Leighton Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Laura McDonald Treasury Board Secretariat Employee Relations Advisor HEARING January 22, 2019 -2- DECISION [1] Mr. Frank Narejko, a Correctional Officer 2 at Maplehurst Correctional Complex, filed a grievance on September 2, 2017, alleging that the employer breached, inter alia, Article 3, of the collective agreement and the Ontario Human Rights Code. He alleges that the employer harassed and discriminated against him by investigating an incident where an inmate died. The employer alleged that he failed to complete some essential duties of the position. This caused the grievor great stress and he is seeking full redress, a letter of apology and $100,000.00 in damages. [2] The employer took the position that the seriousness of the incident required a CSOI investigation. The grievor was subsequently advised that the investigation and a review of the facts determined that the allegations against him were not substantiated and the grievor was advised of this in writing on August 16, 2017. Thus, in the employer’s submission, there has been no breach of the collective agreement. Further there is no evidence to support the allegations of discrimination or harassment. [3] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons. [4] There was no evidence provided by the union or argument made on the human rights allegations. Having carefully considered the submissions of the parties on the allegations of the breach of the grievor’s human rights and the collective agreement, as well as the jurisprudence of the Board, I hereby deny the grievance. Dated at Toronto, Ontario this 27th day of February. 2019. “D.J.D. Leighton” ______________________ D.J.D. Leighton, Arbitrator