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HomeMy WebLinkAbout2013-0622.Poholko et al.14-03-26 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# 2013-0622, 2013-0623, 2013-0624 UNION# 2012-0549-0013, 2012-0549-0014, 2012-0549-0015 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Poholko et al) Union - and - The Crown in Right of Ontario (Ontario Science Centre) Employer BEFORE David R. Williamson Vice-Chair FOR THE UNION Sharon Naipaul Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Suneel Bahal Ministry of Government Services Legal Services Branch Counsel HEARING March 25, 2014 - 2 - Decision [1] The issue before me is proceeding under 22.16 of the Collective Agreement Mediation/Arbitration procedure. The parties have agreed this agreement is on a without precedent basis. [2] On October 22, 2012 work was being conducted at the Ontario Science Centre (OSC) involving the grinding of concrete which resulted in dust and particulates entering work areas and work stations. [3] The Employer recognizes that this occurred because the Employer did not take sufficient precautions in accordance with the Health and Safety Contractor Policy (HSCP) and Article 9 of the Collective Agreement to take every reasonable precaution in the circumstances for the protection of a worker. [4] Having heard the submissions of the parties, I hereby declare the Employer breached Article 9 of the Collective Agreement. [5] Accordingly, I hereby direct the parties to consult on the way the procedures contained in the HSCP are implemented. In the interim it is understood that the obligations under the OHSA remain in place. Dated at Toronto, Ontario this 26th day of March 2014. David R. Williamson, Vice-Chair