HomeMy WebLinkAbout2014-3756.Kelly et al.15-10-21 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#2014-3756, 2014-3800, 2014-4623
UNION#2014-0678-0101, 2014-0678-0102, 2014-0678-0105
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kelly et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Joseph D. Carrier Vice-Chair
FOR THE UNION Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING October 14 and 15, 2015
- 2 -
Decision
[1] The Employer and the Union at the Algoma Treatment and Remand Centre in
Sault Ste. Marie, Ontario agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated Protocol. Numerous
grievances were settled through that process during my attendance there on
October 14 and 15, 2015. However, the Parties were not successful in
resolving those grievances identified as follows:
GSB OPSEU GRIEVOR
#2014-3756 #2014-0678-0101 Kelly, Kelsey
#2014-3800 #2014-0678-0102 Turpin, Ian et al
#2014-4623 #2014-0678-0105 Kelly, Kelsey
[2] Pursuant to the Protocol, decisions are to be issued shortly after matters are
heard, and, those decisions are to be provided without reasons. Furthermore,
all such decisions are to be made without prejudice and precedent as is this
one.
[3] The above-noted grievances were filed by Employees working within and out
of the Health Care Department. Each grievance, amongst other things,
asserts the existence of a “poisoned work environment” within their
department. I met and heard from several employees within that department
each of whom described events and incidents which have allegedly been
ongoing within the Health Care Department for a considerable period of time.
- 3 -
[4] The employees all felt themselves victims within those events and incidents.
In the circumstances, they seek a solution to the alleged situation in their
workplace. It is unnecessary for the purposes of this decision to set out the
details of the various complaints. However, it is noteworthy that some relate
to management and others to co-workers.
[5] The Employer was equally concerned that any such disharmony in the
workplace should be addressed and resolved for the benefit of all within the
department.
[6] It is my view that the most beneficial solution for these employees and the
Department on an ongoing basis would be workplace mediation.
[7] (a) Accordingly, I order the Employer to retain the services of an appropriate
mediator or facilitator who is employed outside the OPS to conduct a
mediation.
(b) The mediation shall involve all current employees of the Health Care
Department inclusive of any on temporary approved leave of absence.
(c) It is understood that the mediation process shall not be punitive; however,
all Health Care Department personnel are expected to participate in the
mediation as needed.
(d) The process should be scheduled as soon as practicable.
- 4 -
[8] I remain seized in the event the Parties have any difficulty in implementing
this Award.
Dated at Toronto, Ontario this 21st day of October 2015.
Joseph D. Carrier, Vice-Chair