HomeMy WebLinkAbout2006-1208.Tobis et al.10-01-07 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
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GSB#2006-1208, 2006-1209, 2006-2731, 2007-0251, 2008-2149, 2008-2654, 2008-3146
UNION#2006-0234-0266, 2006-0234-0267, 2006-0234-0391, 2007-0234-0026, 2008-0234-0229,
2008-0234-0274, 2008-0234-0308
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Tobis et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Anastasios Zafiriadis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Bart Nowak
Ministry of Community Safety and
Correctional Services
Employee Relations Advisor
HEARINGDecember 9, 2009.
- 2 -
Decision
[1]In July of 2009, I attended at a mediation/arbitration session at Vanier Correctional
Centre. During those two days I heard a number of matters which the parties were unable
to resolve. Shortly after the sessions I wrote three decisions that ordered the Employer to
?retain the services of an appropriate mediator who is employed outside of the OPS. It is
understood that this mediation process is not punitive?..?
[2]I remained seized of these matters. The parties contacted me to discuss how the decisions
are to be implemented. Specifically, it was asked if attendance at these sessions was
intended to be voluntary.
[3]In each of the three instances that were put before me at Vanier, I found that there was a
level of dysfunction that is harmful to the ongoing operation of the institution. This
dysfunction manifests itself in various ways and to varying degrees.
[4]In my earlier decisions I determined it best not to lay fault with any particular individual.
In my view, given the level of dysfunction, such an assignment of blame would be
counterproductive. I continue to hold that view. However, I have no hesitation in finding
that there are relationship conflicts and wide spread departmental problems that need to
be addressed. To be clear, it was my intention that attendance at the mediation sessions
ordered in my earlier decisions is mandatory.
[5]I remain seized of any issues that arise as a result of this decision.
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Dated at Toronto this 7 day of January 2010.
Felicity D. Briggs, Vice-Chair