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HomeMy WebLinkAbout2016-0226.Sutherland.16-10-20 Decision Crown 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#2016-0226 UNION#2016-0616-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sutherland) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Janice Johnston Vice-Chair FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Caroline Markiewicz Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING October 13, 2016 - 2 - Decision [1] The Employer and the Union agreed to participate in the Expedited Mediation- Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Vice Chair of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise. [2] On October 12/13, 2016 the parties at North Bay Jail agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. [3] The grievor filed a grievance dated February 3, 2016 claiming that he was assaulted by an inmate and that the employer had failed to comply with the Institutional Policy and Procedures Manual pertaining to Threats Against Correctional Services Employees. [4] After having carefully considered the submissions of the parties I hereby direct the employer to comply with the requirements of the policy and in particular, when a threat from an offender is confirmed to exist, the superintendent or designate will determine whether it is appropriate to transfer the offender to another facility or whether an internal relocation is sufficient to maintain the safety of staff and the integrity of the process. [5] The above noted decision is to be made as quickly as is feasible in the circumstances. Dated at Toronto, Ontario this 20th day of October 2016 Janice Johnston, Vice Chair