HomeMy WebLinkAbout2010-2457.Canavan.12-01-06 Decision
Crown Employees
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l. (416) 326-1388
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léc. : (416) 326-1396
UNION#2010-0582-0060
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
ETWEEN
G
B
Suite 600
180 Dundas St. West
Toronto, Ontario M5G
Te
Commission de
règlemen
d
Couronne
Bureau 600
180, rue Dundas Oues
Toronto (Ontario) M5G 1
Té
Té
Fa
GSB#2010-2457
B
Ontario Public ployees Union
(Canavan) Union
(Ministry of Community Safety and Correctional Services) Employer
Service Em
- and -
The Crown in Right of Ontario
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION
ice Employees Union
FOR THE EMPLOYER
Tim Mulhall
Ontario Public Serv
Grievance Officer
s
s
Sia Romanidis
Ministry of Government Service
Centre for Employee Relation
Employee Relations Advisor
HEARING December 12, 2011.
- 2 -
Decision
[1] The Employer and the Union at the Toronto East Detention Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance
with the negotiated Protocol. Most of the grievances were settled through
that process. However, a few remained unresolved and therefore require a
decision from this Board. The Protocol provides that decisions will be
issued within a relatively short period of time after the actual mediation
sessions and will be without reasons. Further, the decision is to be without
prejudice and precedent.
[2] Paul Canavan filed a grievance regarding the attendance support
management program. He alleged that the program itself is contrary to the
Collective Agreement and the Ontario Human Rights Code. His allegations
also included specific instances where he has been improperly treated as the
result of the program.
[3] The grievor was informed that the overarching matters of whether the
program is a violation of the Collective Agreement has already been
determined by this Board. However, how the program has been applied in
his situation remains outstanding. During the course of the grievor’s outline
of the facts, it became apparent that more information is required from
employer representatives that no longer work within this institution.
Accordingly, I ordered the employer to undertake efforts to investigate
further including having discussions with previous personnel. Once this has
been accomplished the parties will attempt to resolve this matter with the
assistance of the Board.
- 3 -
[4] In the meantime, the grievor is to be frozen in the attendance program. To
be clear, he is not to progress further within the program until we reconvene
to deal with the outstanding matters.
[5] I remain seized.
Dated at Toronto this 6th day of January 2012.
Felicity D. Briggs, Vice-Chair