HomeMy WebLinkAbout2012-0637.Spencer.14-04-02 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#2012-0637
UNION#2012-0582-0134
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Spencer) 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 Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Buky Adeoye
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING March 26, 2014
- 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. Many of the grievances were settled through that process. However, a few
grievances 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. Reginald Spencer is a Correctional Officer who filed a grievance alleging violations
of Articles 2 and 9 of the Collective Agreement. A review of the facts reveals that Mr.
Spencer is of the view that management is allowing unnecessary accommodations within
the institution resulting in the remaining un-accommodated staff being overused or
mis-used in the assignment of work. By way of remedy he seeks an order that this
activity cease and the workplace be made whole.
[3] After hearing the facts and submission in this matter, I am of the view that there is no
violation of the Collective Agreement and therefore the grievance is denied.
Dated at Toronto, Ontario this 2nd day of April 2014.
Felicity D. Briggs, Vice-Chair