HomeMy WebLinkAbout2005-0681.Birkhof.08-11-14 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2005-0681
UNION#2004-0368-0152
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Birkhof)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Stacey Zafiriadis
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARINGOctober 16, 2008.
2
Decision
[1]The Employer and the Union at the Central East Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol.
Many of the grievances were settled through that process. However, a few remained
unresolved and therefore require a decision from this Board. The Protocol provides that
decisions will be issued within a relatively short period of time after the actual mediation
sessions and will be without reasons. Further, in accordance with the Protocol, this
decision is to be without prejudice and precedent.
[2]Scott Birkhof is a Correctional Officer who filed a grievance that alleges the Employer
violated the various provisions of the Collective Agreement and its own policies by failing
to undertake a proper WDHP investigation. The Employer?s investigation was not to the
grievor?s satisfaction. Mr. Birkhof had an opportunity to review all of the relevant facts.
He made clear his view and articulated his requested remedy. It is not necessary to set out
the facts of this matter. The Employer was of the view that there has been no violation.
[3]While I am sympathetic to the situation in which the grievor found himself, I am of the
view that the Employer has not violated any provision of the Collective Agreement and for
that reason the grievance must be dismissed. Further, from the facts provided the
Employer dealt with the situation in accordance with its policies.
th
Dated at Toronto this 14 day of November, 2008.
Felicity D. Briggs, Vice-Chair