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HomeMy WebLinkAbout2013-2223.Gareau.14-04-03 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#2013-2223, 2013-2224, 2013-2225, 2013-2291, 2013-3265 UNION#2013-0582-0036, 2013-0582-0037, 2013-0582-0038, 2013-0582-0039, 2013-0582-0048 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Gareau) 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] Conrad Gareau is a Correctional Officer who filed five grievances all of which allege that the Employer is failing to provide employees at TEDC with a safe work environment. His allegations include outside contractors not being trained in how to move within the institution with their tools secured. By way of remedy he sought a number of orders including institution-wide training; re-writing of certain policies and removal of all personal employee files from the secure section of the institution. [3] When questioned, Mr. Gareau admitted that he had not taken his concerns or complaints to the Health and Safety Committee. He did send one email but did nothing after he failed to receive some response. [4] During the course of the discussion of these grievances the parties agreed that Mr. Gareau will be allowed to present his concerns to the local Health and Safety Committee in the foreseeable future. He is to inform the Co-Chairs of the committee in advance of the issues he wishes to place on the agenda in order to facilitate a more comprehensive discussion. Further, Mr. Gareau is to share whatever documentation he has with the committee regarding his concerns. [5] It is hoped that this will resolve the matters. It was understood by the parties that some issues might have to be referred to the Provincial Health and Safety Committee for disposition. [6] I remain seized. Dated at Toronto, Ontario this 3rd day of April 2014. Felicity D. Briggs, Vice-Chair