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HomeMy WebLinkAbout2011-1301.Lytwenko.13-02-13 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#2011-1301, 2012-1975 UNION#2011-0708-0004, 2012-0708-0009 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Lytwenko) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Deborah J.D. Leighton Vice-Chair FOR THE UNION Scott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Brian Scott Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING October 24, 2012. - 2 - Decision [1] Mr. Jordan Lytwenko, a Correctional Officer at the Thunder Bay Correctional Centre, filed two grievances on May 10, 2011 and July 5, 2012 alleging, inter alia, that the employer was not providing a healthy and safe work place because of harassment. He seeks full redress. The employer submitted that there was no violation of the collective agreement. [2] The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons. [3] Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny the grievances. Dated at Toronto this 13th day of February 2013. Deborah J.D. Leighton, Vice-Chair