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HomeMy WebLinkAbout2004-2162.Rudden et al.06-02-16 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# 2004-2162, 2004-2167 UNION# 2004-0234-0505 2004-0234-0510 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Rudden et al ) Union - and - The Crown In 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 December 13 2005 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 gnevors worked an overtIme shIft on August 16 2004 from 0800 to 1600 At approxImately 1050 hours that day handcuffs were found In an Inmate's shoe, and a health and safety work refusal was commenced by another correctIOnal officer A search was conducted. At approxImately 1545 hours the gnevors and one other employee were ordered to remaIn at theIr posts untIl the search was completed In theIr umt. At some pOInt thereafter the employer declared an emergency sItuatIOn. Other correctIOnal officers on duty on other umts dunng the IncIdent had been released at the end of theIr ShIftS The employer stated that thIS decIsIOn was made after staff members expressed the VIew that the search on the other umts could be safely completed the next day Inmates contInued to receIve yard and VIsItatIOn pnvIleges The 3 gnevors allege that the emergency declaratIOn only came after they had questIOned the decIsIOn to hold them beyond theIr scheduled ShIftS The gnevors further allege that the decIsIOn to hold them back was a form of retnbutIOn for the work refusal They claim compensatIOn of 12 hours lIeu tIme as well as $500 cash. After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my conclusIOn that the eVIdence does not prove a vIOlatIOn of the collectIve agreement. As a result, the gnevance IS dIsmIssed. Dated at Toronto thIS 16th day ofPebruary 2006