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HomeMy WebLinkAbout1994-0334.HARRISON94_09_12 ONT4RiC EMPi J} E5 l)E LA Ci JL I", WNF CRUWN EMPL OYEES DE UN 4HIC 1111 GRIEVANCE COMMISSION DE SETTLEMENT , REGLEMENT BOARD DES GRIEFS /80 DUNDAS STREET WEST SUITE 2100, TORONTO ONTARIO M5C L8 TFLEPHONE TELEP1tOt .J I ~ ] 188 180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G IZ8 FACSlr,;/lLE r[,-ECOr It-,I I" /39!J 0334/94 IN ~HE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (G. HARRISON) Grievor - and - The Crown in Right of Ontario (Ministry of the Solicitor General and Correctional Services) Employer Before J.H. Devlin, Vice Chairperson For the Grievor. B. Ahad Grievance Officer Ontario Public Service Employees Union For the Employer M Mously Grievance & Negotiation Officer Correctional Services Division Ministry of the Solicitor General and Correctional Services Hearing August 25, 1994 , 1 The Grievor, Gary Harrison, is employed as a Correctional Officer at the Mimico Correctional Complex and claims that in staffing the night shift, the Employer has failed to make reasonable provision for his health and safety, contrary to Article 18 1 of the collective agreement The Mimico Correctional Complex is a medium security facility which is comprised of six buildings adjacent to a central courtyard Five of the buildings house the correctional centre and the sixth building houses the detention centre which was opened in November, 1993 On the night shift, the "red-line" (which the Employer describes as a staffing guideline) provides for the assignment of thirteen Correctional Officers to the correctional centre and three to the detention centre. A Correctional Officer from the correctional centre is then assigned to cover meal breaks of Correctional Officers at the detention centre. It was the position of the Union that the reduction in staff below the red-line in the correctional centre (to cover meal breaks at the detention centre) places the Grievor at greater risk in that there are fewer Correctional Officers available to respond in the event of an emergency The Union further contended that the Grievor is exposed to increased risk when assigned to provide relief in the detention centre as there is a delay in response time In this regard, the Union indicated 2 that as there is no intercom system, an emergency message must first be relayed to the Control Officer who, in turn, alerts the Grievor While the Union need not demonstrate actual harm to make out a violation of Article 18 1 of the collective agreement, nevertheless, it must establish that there is a potential for harm which is not merely speculative or remote. In this case, based upon the statements which were filed, I cannot conclude that the Grievor is exposed to an inappropriate or unnecessary risk as a result of the manner in which the Employer provides meal relief in the detention centre In the circumstances, therefore, it has not been demonstrated that the Employer has failed to make reasonable provision for the health and safety of the Grievor and, accordingly, the grievance is dismissed DATED AT TORONTO, this 12th day of September, 1994 r1~ Y\ ~L Vice Chairperson