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HomeMy WebLinkAbout2004-2463.Lawder.07-01-31 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 IN THE MATTER OF AN ARBITRATION Under Nj ~ Ontario GSB# 2004-2463 UNION# 2004-0368-0107 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING DEADLINE FOR WRITTEN SUBMISSIONS Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Lawder) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Barry Stephens Scott Andrews Grievance Officer Ontario Public Service Employees Union Karen Martin Staff Relations Officer Ministry of Community Safety and Correctional Services December 14, 2006. January 17,2007. Union Employer Vice-Chair 2 Decision INTRODUCTION The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. It is not necessary to reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase under the Protocol. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent. The parties were unable to resolve this matter in mediation. Accordingly, the matter has been referred to me as a True Mediation/Arbitration decision under the Protocol. FACTS The grievor reported to work on September 8, 2004 with a beard. He was challenged by a manager, OM16 Wallace, and told to shave the beard to conform to safety requirements with respect to fitting of gas masks. At the initial encounter, the grievor was not subjected to a gasmask fitting test with a qualified individual, in accordance with the employer's policy. Rather, he was sent home, with pay, and told to report with his beard properly trimmed, so that it did not prevent direct contact between the mask and his skin. The grievor then reported for a least three more shifts before he passed the mask test. He claims $10,000 in damages, a written apology from the employer, an acknowledgement that the policy was not properly followed, an order that the policy be amended, and that his file be cleared of all references to the incident. The employer responds that the policy is intended to ensure the safety of employees in the event of an incident involving use of tear gas, or where noxious chemicals are present in the institution. 3 DECISION The grievance is dismissed. Dated at Toronto, this 31 st day of January, 2007.