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HomeMy WebLinkAbout2010-2843.Singleton.16-02-26 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#2010-2843, 2013-0701, 2013-0702, 2013-0703 UNION#2010-0229-0017, 2013-0229-0006, 2013-0229-0007, 2013-0229-0008 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Singleton) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Randi H. Abramsky Vice-Chair FOR THE UNION Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER George Parris Treasury Board Secretariat Legal Services Branch Counsel CONFERENCE CALL February 19, 2016 - 2 - Decision [1] On May 11, 2015, the parties entered into a Memorandum of Settlement concerning four grievances brought by the grievor, Ms. Samantha Singleton. The Union now asserts that the Employer has violated one of the terms of that settlement. A conference call was held on February 19, 2016 to address that allegation. [2] The terms of the settlement are confidential and, consequently, I will only refer to the provision in dispute. Paragraph 6 of the settlement reads as follows: 6. The Parties acknowledge the importance of the posters from Black History Month, 2013 to the Grievor, and agree that she may keep these posters that are currently at the facility. The Employer agrees to assist the Grievor in locating the posters in question. The Parties recognize, however that some of the posters may no longer be in the Institution’s custody. The Parties also recognize that should an offender/resident seek to reclaim their personal poster, that the Grievor agrees to return the particular poster to them. [3] The Union asserts that no posters for 2013 have been found, and that the grievor is very upset about this and believes that the Employer misled her into signing the Memorandum of Settlement, knowing that the posters were not at the Institution and that the Employer had, in fact, destroyed them. [4] The Employer asserts that staff, along with the grievor, searched for the posters for multiple days, and the grievor also did so on her own. They found some posters, but not the ones she was seeking. The Employer has no knowledge of what happened to them, and was cautious in the wording of paragraph 6 as it was unsure whether the posters could be found. [5] The grievor’s disappointment in the fact that the posters she sought from 2013 were not found is understandable. Those posters were important to her, and a significant reason that the grievances were filed. When the Memorandum of Settlement was signed in 2015, it was very uncertain whether the posters from 2013 still existed within the Institution, but the Employer agreed to search and agreed that she would be able to keep any that were found. The Employer, as counsel noted, was cautious and included the sentence: “The Parties recognize, however, that some of the posters may no longer be in the Institution’s custody.” I agree that there is a difference between “some” and “none”, but it was unclear, at that time, whether the posters were still there. The Employer agreed to “assist the Grievor in locating the posters in question.” It did that, on multiple occasions. Some posters were found, but not the ones that the grievor wanted. The fact that those posters were not found does not mean that the Employer breached the Memorandum of Settlement. [6] In terms of the allegation that the Employer misled the grievor into signing the Memorandum of Settlement because it knew that the posters had been destroyed, there would have to be evidence led to establish that. It is quite a serious allegation to make, - 3 - and it requires evidence to support it. No such evidence was raised. The grievor’s belief that she was misled, no matter how sincere that belief is, is not sufficient to reopen this hearing and void the Memorandum of Settlement. [7] It is unfortunate, and disappointing, that what the grievor sought through the Memorandum of Settlement – the retrieval of some of the 2013 posters - did not materialize. As it was never certain that the posters still existed within the Institution, however, I cannot conclude that the failure to find any is a breach of the settlement. Dated at Toronto, Ontario this 26th day of February 2016. Randi H. Abramsky, Vice Chair