HomeMy WebLinkAbout2004-0343.Jackson.15-01-30 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#2004-0343
UNION#2004-0234-0118
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Jackson) 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 Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING January 14, 2015
- 2 -
Decision
[1] The Employer and the Union at the Maplehurst Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. Some 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. Jack Jackson is a Correctional Officer who filed a grievances asserting that his health
and safety rights are violated because of the many accommodations that are allowed in
the workplace. He expressed concern that there have been instances when other
Correctional Officers who are less than fully able bodied cannot fulfill all of the duties
and responsibilities thereby leaving the workplace less than safe.
[3] The grievor provided a communication that he submitted to the Employer approximately
a year prior to the filing of his grievance which makes clear his view. It said, in part:
I wish to officially complain about the employer’s “Employee
Accommodation Program”. I wish to complain on the basis that the
program is promoting a poisoned work environment.
This program promotes a poisoned work environment by pitting employee
against employee. Those employees with no inmate contact
accommodations are bumping regular employees out of their positions,
thus forcing the regular employee to do the work for the accommodated
employee. The accommodated employee does less so the regular
employee has to do more. If there is no position for the accommodated
employee to take over, that person sits around doing nothing. Because
both employees earn the same wages a resentful and despising attitude
begins to fester towards both the accommodated employee and the
employer. This ultimately leads to poor morale.
[4] The grievance is dismissed. The Employer is obligated to accommodate disabled
employees to the point of undue hardship. Of course, it goes without saying that the
Union and the disabled employee have obligations in this regard as well.
[5] No evidence was put before this Board that revealed an unsafe work environment.
Indeed, the grievance was presented – in large measure – as a matter of principle not as
the result of any particular situation.
- 3 -
[6] The grievance is denied.
Dated at Toronto, Ontario this 30th day of January 2015.
Felicity D. Briggs, Vice-Chair