HomeMy WebLinkAbout2005-1443.Tardiel et al.09-10-20 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
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GSB#2005-1443
UNION#2005-0530-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Tardiel et al)
Union
- and -
The Crown in Right of Ontario
Employer
(Ministry of Community Safety and Correctional Services)
BEFORE
Christopher J. Albertyn Vice-Chair
FOR THE UNIONDavid Wright, Ryder Wright Blair &
Holmes LLP, Barristers & Solicitors
Eric del Junco, Barrister and Solicitor
Donald McLeod, The McLeod Group,
Barristers and Solicitors
FOR THE EMPLOYER
Melissa Nixon
Ministry of Government Services
Counsel
SUBMISSIONS
Written submissions from the parties
- 2 -
Decision
[1]The Board issued a decision on June 30, 2009 giving an update of the objectives and
action plans needed to improve the work environment in the Toronto Jail. That decision
was revised in a decision on August 11, 2009.
[2]Pursuant to both decisions, the Board makes the following amendments or alterations.
[3]Objective No. 3, under paragraph 6 of the June 30, 2009 decision, is amended to read:
As needed, meetings of the Coordinating Committee will take place to discuss
unresolved issues relating to racism, sexism or sexual orientation in the workplace
and attempt to reach consensus as to how they will be addressed. Should the
Coordinating Committee fail to resolve the issue by consensus, either the Union or
the Employer may refer the matter to the Board. This does not preclude the Union
or any individual from pursuing a grievance.
[4]The action plan under Objective 17, as Action 17.1.1, is amended as follows. The
Ministry will report in writing to the Board (copy to the Union) by November 13, 2009 of
its proposal to address the Union request for paid parking at the Toronto Jail, given the
special circumstances that apply there.
[5]The responsibility for the action plan under Objective 26 (stated at Action 26.5) is OED,
not the Superintendent.
[6]The action plan for objectives 47 and 48 (of the Board?s April 2, 2009 decision ?
originally objectives 105 & 106), referred to the Board?s August 11, 2009 decision as
paragraph 4)(h), is amended as follows:
Recognizing that permanence in managerial appointments adds stability to the
institution, the Ministry will prepare a written proposal to accomplish these
objectives. The written proposal will be provided to the Board (copy to the Union)
by November 13, 2009. This will enable the parties to respond to the proposal at the
scheduled meeting on November 23, 2009.
[7]Certain individuals assigned responsibility for action plans in the previous Board
decisions no longer occupy the positions they did at the time of the assignment. The
Coordinating Committee and the parties need to address who will replace them. Once
they have done so, Employer and Union counsel, respective for those individuals in
management and in the Union, will advise the Board in writing by November 13, 2009 of
who will now assume such responsibility.
[8]The newly elected President of OPSEU, Local 530, Mavis Montgomery, is appointed a
member of the Coordinating Committee in her capacity as Union President.
- 3 -
[9]Group B is entitled to appoint an employee who works in the Toronto Jail to sit on the
Coordinating Committee, as representative of Group B, subject to the Board?s
confirmation.
[10]The hearing scheduled for November 23, 2009 will be used for review of the objectives
and actions assigned. The members of the Coordinating Committee and Ms. Ayers are
required to attend, with counsel for the parties.
th
Dated at Toronto this 20 day of October 2009.
Christopher J. Albertyn, Vice-Chair