HomeMy WebLinkAbout2020-0592.McKay.21-09-27 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# 2020-0592
UNION# 2020-0369-0009
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McKay) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
D.J.D Leighton
Arbitrator
FOR THE UNION
Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Michelle LaButte and Daniel DiCroce
Treasury Board Secretariat
Employee Relations Advisors
HEARING May 13, 2021
SUBMISSIONS September 17, 2021
-2-
DECISION
[1] Shannon McKay was a Correctional Officer 2, at Central North Correctional
Centre, at the time that she grieved on February 28, 2020. She alleges that the
employer breached Article 2, and 9 of the collective agreement, the Occupational
Health and Safety Act (OHSA) and any other applicable law, when it failed to
provide her with a safe workplace. She seeks a declaration that Article 9 and
Subsection 25 (2) of OHSA, specifically clauses (a), (d), and (h) were breached
when she was assaulted by an inmate and suffered significant and serious injuries.
The union submits that the Ministry breached its duty to provide a safe workplace,
and therefore argues that a declaration of the breaches and $20,000 in damages
should be ordered by this Board.
[2] The employer acknowledged that it failed in its duty to provide the grievor with a
safe workplace and that as a result she suffered a serious assault by the inmate
shortly after he was transferred to the institution. The employer did not oppose the
union’s request for the declarations that it breached both the collective agreement
and OHSA but noted that the Board has no jurisdiction in this case to order
damages.
[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 and asked that I issue a
decision without precedential value, and without written reasons.
[4] Having carefully considered, the submissions of the parties on the grievance, as
well as the jurisprudence of the Board, I hereby grant the grievance in part and
make the following declaration: the Ministry failed in its duty to the grievor to
provide a safe workplace, thus breaching its legal obligations under Article 9 of the
collective agreement and clauses (a), (d), and (h) of Subsection 25(2) of OHSA.
Further, I have decided not to order damages in this case.
Dated at Toronto, Ontario this 27th day of September, 2021.
“D.J.D. Leighton”
_________________________
D.J.D. Leighton, Arbitrator