HomeMy WebLinkAbout2010-1825.Warling.15-01-28 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#2010-1825, 2010-2457
UNION#2010-0517-0042, 2010-0582-0060
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Warling/Canavan) 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 Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Susan Munn
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 19, 2015
- 2 -
Decision
[1] On September 10, 2010, Mr. Terry Warling, Correctional Officer – then working at
Toronto West Detention Centre – filed a grievance that alleged the Employer had
violated various provisions of the Collective Agreement as a result of the manner in
which the Employer applied the Attendance Support Management Program. He further
alleged that the Employer had made improper use of his confidential medical information
causing him considerable stress. Included in his requested redress was compensation for
damages. His grievance was first heard during a “roadshow” med/arb session at TWDC.
[2] Vice Chair Keller was first seized with Mr. Warling’s grievance and as a result of some
of the allegations regarding the Employer’s treatment of confidential information, he
ordered that the matter be taken outside of the roadshow environment. He determined that
it made labour relations sense to invite the parties to meet to discuss and hopefully
resolve the outstanding issues.
[3] Prior to the meeting with the parties taking place, I heard a similar grievance which was
filed by Paul Canavan on July 12 2013 in another roadshow session held at Toronto East
Detention Centre. When it became apparent that Mr. Canavan’s allegations included
inappropriate handling of his confidential medical information it was determined that his
grievance would also be addressed at the joint meeting.
[4] A number of mediation sessions were scheduled and took place with both Vice Chair
Keller and myself. Unfortunately a resolution was not reached. However, there was
considerable discussion regarding the extent and scope of the outstanding issues.
[5] Following these meetings some dispute arose concerning the parties’ agreement of the
scope of the matters to be litigated. A decision was written regarding the scope of the
outstanding issues following a number of conference calls.
[6] Vice Chair Keller recently recused himself and it was agreed that I would hear and
determine all of the outstanding issues.
[7] A further hearing date was held on January 17, 2015 and it was hoped that an overarching
resolution could be agreed upon. For a variety of reasons this was not possible and
accordingly the parties discussed how best to proceed. There was some disagreement
between the parties in this regard and after hearing submissions I made the following oral
ruling:
- 3 -
• The earlier decisions of Vice Chair Keller and myself regarding the
freezing of the Mr. Canavan and Mr. Warling in the ASMP
continue to be effect.
• The Employer shall store and retain in a locked cabinet in a locked
office the medical file of both Mr. Warling and Mr. Canavan. The
Employer shall allow access to the information found therein to
three individuals within the institution. Those individuals will be
determined by the Employer and made known to the Union. It is
understood that advice might be sought from staff services with
respect to the grievors’ accommodation, if any, as required.
• It should be clear that information found in HPRO regarding
accommodation restrictions are not captured by this order.
• It is understood that these conditions will remain in effect until
further notice or until the parties agree otherwise.
• In the Union’s submissions regarding this interim order it made
clear that if its request interim order was granted it is prepared to
begin litigation of Mr. Warling’s grievance.
• Accordingly, the Board is content that we will schedule hearing
dates and begin to litigate the grievance of Mr. Warling.
• If any of the outstanding issues – which were set out in Vice Chair
Keller’s October 30, 2013 decision – are not determined in the
litigation of Mr. Warling’s grievance, the parties will continue
with the litigation of the grievance of Mr. Canavan.
• Finally, if there are any outstanding broader issues that remain,
litigation will take place on those issues.
[8] I ask the Board to contact the parties to schedule dates for this matter to be heard.
Dated at Toronto, Ontario this 28th day of January 2015.
Felicity D. Briggs, Vice-Chair