HomeMy WebLinkAbout2010-1820.Martin.12-12-14 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#2010-1820
UNION#2010-0234-0229
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Martin) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Swey Vishwanath
Ministry of Government Services
Centre for Employee Relations
Staff Relations Officer
HEARING December 13, 2012.
- 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 “True Mediation-Arbitration” process, wherein 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 relates to an incident involving the grievor and an OM16, in which the
latter made a derogatory comment about the grievor to other staff. When the employer
investigated the matter, the OM16 acknowledged the inappropriateness of the comment and
offered an apology. The grievor declined the apology and the employer’s offer of mediation.
The employer submits that it responded appropriately, investigating the matter, offering
mediation, and assessing a measured disciplinary response. The grievor asserts that she was
subjected to a poison work environment and seeks compensation.
[3] After reviewing the submissions of the parties and the collective agreement, the grievor is
awarded one (1) day or pay in lieu. It would appear that this is the most recent incident in a
difficult relationship that has spanned a number of years. Mediation is indicated if further
unnecessary incidents of this nature are to be avoided, and the failure to participate in good
faith in such efforts should be weighed carefully before any compensation is awarded with
respect to any further issues between these two individuals.
Dated at Toronto this 14th day of December 2012.
Barry Stephens, Vice-Chair