HomeMy WebLinkAbout2010-2681.Zuke.12-09-26 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#2010-2681
UNION#2011-0678-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Zuke) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Laura Josephson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz & Brian Scott
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisors
HEARING May 16, 2012.
2
Decision
[1] The Employer and the Union at the Algoma Treatment and Remand 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] Mr. Michael Zuke filed a grievance alleging a violation of various provisions of the
Collective Agreement as the result of an incident that took place in December of 2010. The
grievor was a fixed term Correctional Officer at the time and his claim is for certain days absent
from work following the events of December 14, 2010.
[3] After a consideration of the facts in this matter, including the note from the grievor’s
physician, and the tape recording of the offending comments made by a manager over a two way
radio (comments which although foolishly stated did not identify the grievor), I am of the view
that the grievance must be dismissed.
[4] While I do not doubt that this was a difficult time for the grievor, the facts do not
establish a breach of the Collective Agreement.
Dated at Toronto this 26th day of September 2012.
Felicity D. Briggs, Vice-Chair