HomeMy WebLinkAbout2012-3263.Perrin et al.14-10-15 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#2012-3263, 2012-3264, 2012-3378
UNION#2012-0128-0015, 2012-0128-0016, 2012-0128-0017
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Perrin et al) 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 Michelle LaButte
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING
CONFERENCE CALL
October 6, 2014
October 14, 2014
- 2 -
Decision
[1] The Employer and the Union at the Sarnia Jail agreed to participate in the Expedited
Mediation-Arbitration process in accordance with the negotiated Protocol. Some
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] There were three separate grievances filed which all alleged a poisoned work
environment and violations of the WDHP. These grievances were filed following an
incident at the jail and the litigation flowing from that incident. The litigation is not yet
complete and by all accounts when a result is issued, further discord might occur.
[3] There is no question that the grievors all felt themselves victims and want an end to their
situation in the workplace. By way of redress compensation and an accounting from the
Employer was requested.
[4] The Employer’s position was that the disharmony in the workplace between these
grievors benefits no one and should be resolved.
[5] In my view, the only resolution that will truly benefit the three grievors on an ongoing
basis is workplace mediation. All grievors are relatively young and hope to continue
employment in this jail which is not of a size where they can hope to avoid each other.
Accordingly, they should be given the opportunity and the process to mediate their
differences. Both the individuals and the workplace itself will be best served by such an
effort.
[6] Therefore I order the Employer to retain the services of a mediator not employed by the
OPS. It is understood that this mediation is not punitive but not optional. This should be
scheduled as soon as is practicable.
- 3 -
[7] I remain seized.
Dated at Toronto, Ontario this 15th day of October 2014.
Felicity D. Briggs, Vice-Chair