HomeMy WebLinkAbout2018-3580.Nowe.19-09-25 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#2018-3580; 2018-3581
UNION# 2018-0719-0026; 2018-0719-0027
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Nowe) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian P. Sheehan Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Treasury Board Secretariat
Employee Relations Advisor
HEARING September 11, 2019
- 2 -
Decision
[1] The Employer and the Union at the Kenora Jail agreed to participate in the
Expedited Mediation/Arbitration process in accordance with the negotiated
Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that
the parties have agreed to a True Mediation/Arbitration process wherein each
party provides the Arbitrator with their submissions setting out the facts and the
authorities they respectively will rely upon. This decision is issued in accordance
with the Protocol and with Article 22.16 of the collective agreement; and it is
without prejudice or precedent.
[2] The grievor is a Correctional Officer 2 employed at the Kenora Jail. His date of
hire was October 12, 2004.
[3] The grievor filed two grievances claiming mistreatment by certain specific
members of management at the Kenora Jail. In particular, in grievance #2018-
0719-0026, the grievor alleges that Superintendent Steve Walker created a
poisoned work environment; such that, the grievor has not been able to return to
work.
[4] The facts associated with the second grievance (#2018-0719-0027) are directly
related to the filing of grievance #2018-0719-0026. In particular, the grievor
alleges that when he submitted the grievance, Operational Manager Stephen
Creed read the outlined remedy requested by the grievor in a mocking tone in the
presence of other correctional staff; and in doing so, breached the grievor’s
privacy rights and harmed his reputation.
- 3 -
[5] The grievor did not attend the Med/Arb session on September 11, 2019, and no
further particulars were provided outlining the nature of the actions that
Superintendent Walker was purported to engage in that the grievor viewed as
causing the purported poisoned work environment. Against that background,
there is an insufficient factual basis to establish any wrongdoing on the part of
Superintendent Walker; accordingly, that grievance is dismissed.
[6] As to Grievance #2018-0719-0027, I would note that it would be highly
inappropriate for a member of management to mock an employee in a public
manner with respect to the employee exercising his/her protected right to file a
grievance. That point noted, Operational Manager Creed denies publicly
mocking the grievor in relation to the grievance that was filed by the grievor. It is
my view that there is an inadequate factual basis to conclude that Operational
Manager Creed, in fact, breached the grievor’s privacy rights and/or that
Operational Manager Creed acted in an inappropriate manner. Accordingly, that
grievance is, likewise, dismissed.
Dated at Toronto, Ontario this 25th day of September, 2019.
“Brian P. Sheehan”
Brian P. Sheehan, Arbitrator