HomeMy WebLinkAbout1995-0051.Murphy et al.02-09-24 Order
~M~ om~o EA1PLOYES DE L4 COURONNE
_Wi iii~~~i~T DE L 'ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
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UNION#95B649 95B650 99B081 99B082,99D169 01B321 01B32201B323
01B324 01B325 02B166-171 02Bl72-177 02B178-182
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Murphy et al )
Grievor
-and-
The Crown In RIght of Ontano
(The Mimstry of the Attorney General)
Employer
BEFORE Gerry Lee Vice-Chair
FOR THE UNION Mark Barclay
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Len HatzIs
Counsel, Legal ServIces Branch
Management Board Secretanat
HEARING September 10 2002
2
ORDER
The partIes referred the above captIOned Health and Safety gnevances to
medIatIOn/arbItratIOn In accordance WIth ArtIcle 22 16 of the CollectIve Agreement.
At the outset of the heanng, the partIes agreed that I had jUnSdIctIOn to deal WIth thIS
matter and they requested that I Issue a "WIthout precedent" deCISIOn WIth no reasons
HaVIng carefully revIewed the submISSIOns of the partIes, and follOWIng consultatIOn WIth
both Umon and Management representatIves, the gnevances are allowed to the extent
outlIned below'
1 ThIS Order applIes to all Court Enforcement Officers (Shenff's Officer class 2A)
2 On or before November 30 2002, the Employer In consultatIOn WIth the Umon,
shall develop a protocol on the use of bullet-proof vests WithIn 60 days of the
completIOn of thIS protocol, the Employer shall Issue bullet-proof vests to all
Officers,
3 On or before November 30 2002, the Employer shall proVIde each Officer WIth
the follOWIng umform Items
- black pants (3)
- black ShIrt (3 WInter 3 summer WIth Mimstry crest)
- black sweater (1)
- black jacket (summer WIth Mimstry crest)
- black jacket (wInter "bomber" WIth Mimstry crest)
- black walkIng shorts (2)
- black belt
- steel toed boots (black)
- black coveralls (1)
- raIncoat (1)
4 On or before January 1 2003 Mimstry vehIcles used by Officers for enforcement
purposes shall have a Mimstry of the Attorney General decal placed on the door
on each SIde of the vehIcle
5 On or before December 1 2002, the Employer shall proVIde dog deterrent spray
to all Officers
6 The partIes shall abIde by Management Board PolIcy (#90 Road TransportatIOn
Issued by the Shared ServIces Bureau) on the use of Mimstry vehIcles
3
7 The SIze of vehIcles Issued to Officers shall be In accordance WIth the
Government's Fleet Management Pohcy In thIS regard, local managers shall
dISCUSS the applIcatIOn of the polIcy WIth IndIvIdual Officers If requested,
8 With respect to the Issue of batons, thIS matter shall be held In abeyance pendIng a
meetIng between the Employer and the Umon to be scheduled dunng the week of
January 6 2003 ThIS meetIng shall address the contents of any Mimstry InCIdent
Reports filed by Officers dunng the penod October 1 2002 to December 31
2002 The partIes are dIrected to make every effort to resolve thIS Issue dunng the
aforementIOned meetIng;
9 EffectIve November 30 2002, all Mimstry enforcement vehIcles used by Officers
whIch have cages/safety screens/lIghts shall have these Items removed as soon as
reasonably pOSSIble
10 Except as proVIded for m thIS Order all other Health and Safety related Items
requested by the gnevors, IncludIng the Items IdentIfied as beIng In dIspute In the
Memorandum of Settlement dated September 9 2002, are hereby demed,
11 NothIng In thIS order restncts Officers from eXerCISIng theIr nghts under the
Occupational Health and Safety Act
12 ThIS Order hereby resolves all outstandmg claims, gnevances and actIOns that the
Gnevors may have agamst the employer WIth respect to the subject matter of the
above captIOned gnevances and
13 I remaIn seIzed WIth respect to the ImplementatIOn of thIS order IncludIng the
outstandmg Issue of batons
Dated at Toronto thIS 24th day of September 2002
Gerry Lee, Vice-Chair