HomeMy WebLinkAbout2019-2132.Courtney.21-09-13 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# 2019-2132
UNION# 2019-0410-0039
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Courtney) Union
- and -
The Crown in Right of Ontario
(Ministry of Transportation) Employer
BEFORE
Nimal Dissanayake
Arbitrator
FOR THE UNION
Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING In writing
-2-
DECISION
[1] The Board is seized with a grievance dated October 16, 2019, alleging violation
of articles 2 (management rights), 3 (No discrimination/harassment) and 9 (health
and safety), filed by Mr. Courtney, who was employed as a Patrol Maintenance
worker with the employer. The essence of the allegation is that the employer
failed to maintain a smoke free environment in the workplace in compliance with
the Smoke Free Ontario Act, thereby exposing him to second-hand smoke.
[2] When the Board convened on April 20, 2021, the parties agreed to settle the
grievance through mediation. While settlement discussions were productive, no
final settlement was achieved that day.
[3] On September 9, 2021, the Board was advised that the parties had subsequently
agreed on terms for disposition of the grievance and requested that those terms
be issued as an order of the Board. The Board agrees to the joint request of the
parties.
[4] The Employer agrees the Grievor has been exposed to residual smoke in the garage
and the Ministry fleet vehicles, which is an area where smoking is prohibited, and
possibly also as a result of smoking in Ministry vehicles. The Employer
acknowledges that it could have done more to provide a process or forum for
employees to comfortably and/or anonymously bring concerns such as this forward
to the appropriate manager, and to investigate who the perpetrators are and that
greater efforts could have been made to try and catch the perpetrators in the act of
smoking in the prohibited areas described above.
[5] While the Supervisor indicates that he did not observe anyone actually smoking in
his presence, and the grievor insists he did, it is not necessary for me to make a
finding in that regard for purposes of this order.
[6] Having regard to the agreement of the parties I uphold the grievance. By way of
remedy, based on the Board’s jurisprudence and Mr. Courtney’s outstanding claim
-3-
before the Workplace Safety Insurance Board, I am limited to providing declaratory
relief. I hereby declare that the employer breached article 9 of the collective
agreement.
Dated at Toronto, Ontario this 13th day of September, 2021.
“Nimal Dissanayake”
_________________________
Nimal Dissanayake, Arbitrator