HomeMy WebLinkAbout1990-1367.Watts & King.92-01-21
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--~ ONTARIO EMPL0 YÈS DE LA COUAONNE
......ø '; .'-. CROWN EMPLOYEES DEL 'ONTARIO
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SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STA€€T WEST, SUITE 2100, TORONTO, ONTARIO. M5G U8 TELEPHONEITÈLÈPHONE: (416) 326-1388
180, AU€ DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO). M5G lZ8 FACSIMilE ITÈLËCOPIE .' (416¡ 326-1396
1367/90, 1368/90
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Watts/King)
Grievor
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-- -~ The-Crown-in-Right~of-ontario
(Ministry of correctional Services)
Employer
BEFORE: w. Kaplan Vice-Chairperson
T. Browes-Bugden Member
. D. Montrose Member
FOR THB K. Whitaker
GRIEVO~ Counsel
Ryder, Whitaker, Wright & Chapm.an
Barristers & Solicitors
FOR THE J. Brooks
EMPLOYER Counsel
Genest, Murray
Barristers & Solicitors
JlEARING December 2, 1991
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Introduction
On April 12, 1991, the Board issued its award dealing with the merits of
two health and safety grievances brought by Mr. R. Watts and Mr. K. King. At
the request of the parties, the matter of remedy was remitted to the
parties, while the Board remained seized should the parties prove unable to
come to an agreement. The parties proved unable to come to an agreement,
and the Board reconvened in Toronto to hear representations with respect to
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the appropriate remedy in this case. In particular, the employer took the
position that the health and safety of the inmates, and the security of the
institution, required at least one patrol between 12:00 midnight and 2:00
a.m., and at least one patrol between 4:00 a:m. and 6:00 a.m. The union
argued that this frequency was unnecessary, given that the supervisor
. conducted a patrol at approximately 3:00 a.m. The union submitted that
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there should be one patrol between 12:00 midnight and 3:00 a.m. and one
patrol between 3:00 a.m. and 6:00 a.m. .
Decision
Following these representations, and consultations with the parties, the
Board decided to issue the following order.
1. There will be one patrol of the dormitories on the
night shift before 12:00 midnight.
2. There will be one patrol of the dormitories, the
timing of which shall be at the discretion of the
Correctional Officers on duty, between 12:00 midnight
and 2:30 a.m. .
3. There will be one patrol of the dormitories, the
timing of which shall be at the discretion of the
Correctional Officers on duty, between 3:30 a.m. and 6:00
a.m.
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, 4, Either the employer or the union can, within six I
months"of the implementation of this award, apply to the I
Board for a reconsideration of this order.
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5. This six month periOd will enable both parties to
monitor the effectiveness of the arrangement both in .
terms of the health and safety of the Correctional ,
Officers, as well as in regard to the health and safety of ,
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the inmates and the security of the institution.
6. The six month periOd will begin following the
re-opening of the dormitories.
The Board remains seized with respect to the implementation of this award.
DATED at'Ottawa this21 day of January, 1992
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William Kaplan
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D. Montrose
Member
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