Loading...
HomeMy WebLinkAbout2014-4172.Sipila.17-01-27 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#2014-4172, 2014-4509 UNION#2014-0368-0215, 2014-0368-0221 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sipila) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER David Marincola Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING January 24, 2017 - 2 - Decision [1] The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. [2] Mr. Steve Sipila and Mr. Iain Hutton filed grievances alleging that the Employer violated various provisions of the Collective Agreement “by being negligent in the adherence of compliance” with its own policies and procedures. These grievances were filed following an incident involving an inmate. [3] After consideration of the facts and submissions I make the following order: • The Employer is to comply with the Institutional Policy and Procedures Manual pertaining to Threats Against Correctional Services Employees. • 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. • The Superintendent or designate will ensure that the threatened employee is kept informed of all proceedings. [4] To that extent, the grievance is upheld. Dated at Toronto, Ontario this 27th day of January 2017. Felicity D. Briggs, Vice Chair