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HomeMy WebLinkAbout2012-2568.McCabe.17-01-30 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#2012-2568 UNION#2012-0368-0154 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (McCabe) 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 25, 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] Kellie McCabe filed a grievance after an incident regarding a boot moved to an area designated for garbage. It is not necessary to review the facts of this matter. It is sufficient to say that the parties did not fully agree on the facts. However, there was not dispute that subsequent to this incident a video of the event was disclosed to a member of the bargaining unit. [3] Although I am not convinced that there has been a violation of the Collective Agreement, the Employer was ill advised to release the video to the member of the bargaining unit to whom is was released. [4] The grievance is denied. Dated at Toronto, Ontario this 30th day of January 2017. Felicity D. Briggs, Vice Chair