HomeMy WebLinkAbout2016-0745.Bromwich.17-03-09 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#2016-0745, 2016-2634
UNION#2016-5112-0071, 2017-5112-0023
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bromwich) 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 James Cheng
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING February 23, 2017
- 2 -
Decision
[1] The Employer and the Union at the Toronto South Detention 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] Lauren Bromwich filed two grievances. The first alleged that the Employer
violated the Collective Agreement by “failing to provide a notice of garnishment of
wages” which caused financial stress.
[3] There was no dispute that the Employer was obliged to follow a garnishment
order regarding payment of certain monies resulting from a student loan.
However, the grievor was of the view that she should have been notified in
advance by the Employer that monies were about to be deducted from her pay.
While I appreciate that it would have been less stressful for the grievor had the
Employer told her in advance of the garnishment I can find no violation of the
Collective Agreement and therefore the grievance is denied.
[4] The second grievance was regarding placement in the ASMPP. Prior to coming
to TSDC the grievor worked at Roy McMurtry Youth Centre. She transferred to
TSDC at the time of its opening in 2014. In approximately December of 2015 the
grievor was told that she was at level 1 of the program. When she attended the
Level 1 meeting she was told that she was at Level 4 of the program.
[5] After speaking with both the Employer and the Union it would appear that TSDC
was not given all of the physician’s notes that the grievor provided to RMYC.
Indeed, it would appear that there was some mismanagement with respect to the
grievor’s attendance status.
- 3 -
[6] After a review of various documents, it is apparent that the Employer had
sufficient information to remove the grievor from the ASMPP on January 6, 2016
but did not do so until April. Ms. Bromwich should have been notified immediately
of her removal from the program.
[7] In discussions with the Employer regret was expressed regarding this matter
although it was suggested that there was no violation of the Collective
Agreement. There seemed to be an appreciation for the concern that this
situation caused the grievor.
[8] I agree that there has been no violation of the Collective Agreement and
therefore the grievance is denied. I would hope that in the future when people are
removed from the program – particularly in the event they think they are at Level
4 of the program – they are promptly notified.
Dated at Toronto, Ontario this 9th day of March 2017.
Felicity D. Briggs, Vice Chair