HomeMy WebLinkAbout2007-0933.Bondy.09-05-01 Decision
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GSB#2007-0933 GSB#2007-0933
UNION#2007-0521-0015UNION#2007-0521-0015
IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION
UUnnddeerr
THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT
BBeeffoorree
THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD
BETWEENBETWEEN
Ontario Public Service Employees Union
èÏÔÎÏ
(Bondy)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Anastasios Zafiriadis, Frank Inglis, Greg McVeigh
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYERGary Wylie, Sean Milloy
Ministry of Community Safety and Correctional
Services
Staff Relations Officers
HEARINGApril 1, 2009.
DECISION
[1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a
?True Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions,
which include the facts and authorities each relies upon. This decision is issued in accordance
with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
[2]The grievance in this case is dated May 21, 2007, and involves an allegation that the
grievor was exposed to asbestos in the workplace. The employer relies upon a memorandum of
settlement between the parties that was signed on September 24, 2008. That settlement dealt
with the issue of exposure to asbestos at Mimico. It contained a number of provisions, including
compensation for grievors. The settlement also contained the following statement in
paragraph 12:
?This written Memorandum of Settlement represents the complete settlement agreement
between the parties in relation to the above noted grievances and any related matters.?
[Emphasis added]
[3]The employer argues that the phrase ?any related maters? captures the grievance before
me, and the grievance must, therefore, be deemed to be settled.
- 2 -
[4]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
st
Dated at Toronto this 1 day of May 2009.
Barry Stephens, Vice-Chair