HomeMy WebLinkAbout2010-1157.McMillan.11-10-17 DecisionCommission de
Crown Employees
Grievance
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Settlement Board
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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 7pO
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GSB#2010-1157
UNION#2010-0530-0085
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McMillan)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREM. Brian Keller Vice-Chair
FOR THE UNIONScott Andrews and Tim Mulhall
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYERVictoria Fichtenbaum
Ministry of Government Services
Employee Relations Advisor
HEARINGOctober 14, 2011.
- 2 -
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
³7UXH0HGLDWLRQ$UELWUDWLRQ´SURFHVVZKerein 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 relates to health and safety, and specifically, that the HVAC
system at the Jail requires cleaning.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be allowed. The Employer is Ordered forthwith to
fully follow and implement recommendations one and two found at page seven of the
Report of the Ontario Realty Corporation, Property Services, regarding an assessment of
the HVAC system at the Toronto Jail, dated April 10, 2010.
[4]I remain seized as required.
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Dated at Toronto this 17 day of October 2011.
M. Brian Keller, Vice-Chair