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HomeMy WebLinkAbout2003-3820.Dakroub.06-02-27 Decision Crown Employees Commission de Nj Grievance Settlement reglement des griefs Board des employes de la Couronne ~ Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2003-3820 UNION# 2004-0234-0019 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Dakroub) Union - and - The Crown III RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Stephen GIles Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Rena Khan Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING January 27 2006 2 DeCISIon The partIes agreed to an ExpedIted MedIatIOn-ArbItratIOn Protocol for the Maplehurst CorrectIOnal Complex. It IS not necessary to reproduce the entIre Protocol here Suffice It to say that the partIes have agreed to an expedIted process whereIn each party provIdes the vIce-chair wIth wntten submIssIOns, whIch Include the facts and authontIes the party Intends to rely upon, one week pnor to the heanng. At the heanng, oral eVIdence IS not called, although the vIce-chair IS permItted to request further InformatIOn or documentatIOn. In addItIOn, If It becomes apparent to the vIce-chair that the Issues Involved In a partIcular case are of a complex or sIgmficant nature, the case may be taken out of the expedIted process and processed through "regular" arbItratIOn. Although IndIVIdual gnevors often wIsh to provIde oral eVIdence at arbItratIOn, the process adopted by the partIes provIdes for a thorough canvaSSIng of the facts pnor to the heanng, and leads to a fair and efficIent adjudIcatIOn process ArbItratIOn decIsIOns are Issued In accordance wIth artIcle 22 16 of the collectIve agreement and, therefore, are wIthout precedent. The gnevance relates to a conflIct between the gnevor and OM16 McCabe at the InstItutIOn. The gnevor states that hIS problems wIth OM16 McCabe date back to 1999 EVIdence was adduced of two IncIdents In 1999 More eVIdence was provIded of IncIdents that occurred In 2004 dunng whIch the gnevor alleges that Ms McCabe used profamty when speakIng to hIm, faIled to provIde hIm wIth appropnate relIef, spoke to hIm In an InsultIng and demeamng manner and shouted at hIm The employer responds that OM16 McCabe demes most of the allegatIOns She states she attempted to provIde the gnevor wIth relIef on the occaSIOn complaIned of, but, for reasons she cannot explaIn, the relIevIng employee dId not show up OM16 McCabe acknowledges that she 3 and gnevor "exchanged words" dunng one IncIdent, although she cannot recall the details of the IncIdent. She also states that, as the result of an InterventIOn by a mutual fnend, she IS of the VIew that the dIfferences between herself and the gnevor have been resolved. After reVIeWIng the submIssIons of the partIes and the collectIVe agreement, It IS my conclusIOn that the gnevance should be dIsmIssed. Dated at Toronto thIS 27th day ofPebruary 2006