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HomeMy WebLinkAbout1990-1838.Weekes.91-03-21 ONTAFItO EMPLOY~S DE LA COURONNE CROWN EMPL 0 YEES DE L 'ONTA FItO GRIEVANCE C.OMMISSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 780 DUNDAS STREET WEST, SUITE2100, TORONTO, ONTAR/O. MSG 1Z8 TELEPHONE/TELEPHO~'E: (~51 J25-~3~$ IN THE I~TTER OF AN ~ITI~TION Under THE CROWN E~PLOYEEB COlLECTiVE B~RG&IN[NG ~CT Before THE GR~EV~CE SETTLE~ BO~ BETWEEN OPSEU (Weekes) Grievor - and - The Crown in Right of Ontario (Ministry of Correctional Services) Employer BEFORE: N. Dissanayake Vice-Chairperson M. Lyons Member D. Clark Member FOR THE S. Ursel GRIEVOR Counsel Cornish Roland Barristers & Solicitors FOR THE J. Ravenscroft EMPLOYER Grievance officer Human Resources Branch Ministry of Correctional Services HEARING: February 25, 1991 2 AWARD This is a grievance filed by Mr. .Anthony Weekes, a Correctional Officer 2, employed a't the Toronto East Detention Centre, wherein he grieves that he has been unjustly disciplined by the Employer. The alleged disciDline is the issuance of a letter dated August 27, 1990 to the grievor, tt is agreed that on August 23, 1990, the grievor, who is also a Unic. n steward, became aware that racist slogans had been written on the locker belonging ~o a fellow correctional officer 'who is black. The grievor, who is also black, became quite upset and sought Dermission from management to address his co-workers at the morning parade prior to the shift, about his concerns relating to the racist conduct of the unknown perpetrator. Permission was refused. Nevertheless, the grievor took it upon himself to address the officers assembled for parade without permission. It was this conduct that caused the Employer to issue the letter in question. Througho'~t the grievance procedure and at the hearing, the Employer took the position that the letter wa~ only intended as means of communication and did not constitute discipline. After the opening remarks by both counsel, at the suggestion of the Board, the parties engaged in discussions 3 and executed and filed with the Board the following memorandum of settlement. IN THE MATTER OF THE GRIEVANCE OF Anthony Weekes Correctional Officer 2 Toronto East Detention Centre G.S.B. File # 1838/90 BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION (The Union) -AND- THE CROWN IN RIGHT OF ONTARIO (Ministry of Correctional Services) (The Ministry) MEMORANDUM OF SETTLEMENT The Parties agree to the full and final settlement of the above-noted grievance without precedent and without prejudice to any future and/or similar matter on the following terms: The Employer agrees to remove the letter dated August 27, 1990 from Diane Doherty to ~he grievor from the grievor's personnel file. 2. The Employer agrees to remove all Occurrence Reports about the grievor's actions on August 23, 1990 from the grievor's personnel file. 3. The Parties further agree that no documentation, correspondence or reports that may refer to the incident involving the grievor on August 23, 1990, including but not limited to the grievor's correspondence dated August 23, 1990 and September 13, 1990, will be relied upon or referred to by either party in any other matter or forum. 4. The Employer and the Union agree to a joint approach, through the Race Relations Committee, to the Ontario Human Rights Commission for its assistance in supplementing existing training and development in the field of anti-discrimination policies and practices. 4 5. The Employer agrees to issue and circulate to all staff at the Toronto East Detention Centre the ~emorandum which is appended as "Schedule A" to these Minutes of Settlement. In accordance with usual practice, the memorandum will be read at Parade by the shift I/C on all shifts~ for five (5) consecutive days in order to bring it to the attention of all staff. 6. The grievor agrees to withdraw the written grievance dated September 17, 1990. 7. The parties request that this settlement be incorporated as an order of the G.S.B. Dated this 25th day of February, 1991 "signed" "signed" For the Grievor For the Ministry "signed" For the Union SCHEDULE "A" MEMO TO: All Staff FROM: D. Doherty., Superintendent SUBJECT: Racist Graffiti and Comments In the past, an unknown individual or indivi~uals took it upon. themselves to place racist slurs and/or derogatory remarks on the locker of an employee in this institution. Such behaviour is not acceptable. Management reaffirms the right of all employees to a discrimination-free workplace. Therefore, all staff are reminded that the management of this institution will not tolerate any racial or sexual harassment among employees or any other behaviour contrary to the Human Rights Code. This includes racial or ethnic jokes or name calling; unwelcome 5 sexually suggestive remarks or actions; or negative stereotyping of any group identified by their race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, sex, age, marital status, family status or handicap. Any infractions of this policy may result in disciplinary action up to and including dismissal. Further, Management reaffirms its support of the Ontario Human Rights Code and will vigorously prosecute employee offenders engaging in discriminatory conduct. The board hereby directs that the parties comply with the terms of the memorandum of settlement set out above. Dated this 21Stday of March 1991 at Hamilton, Ontario N.V. Dissanayake Vice-Chairperson M. Lyons ~ · Member~ D. Clark Member