HomeMy WebLinkAbout2005-3575.St Amand.07-03-30 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
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Ontario
GSB# 2005-3575
UNION# 2006-0678-0005
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(St. Amand)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
M. Brian Keller
Scott Andrews and Stephen Giles
Grievance Officers
Ontario Public Service Employees Union
Lucy Neal and Karen Martin
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
March 28, 2007.
Union
Employer
Vice-Chair
2
Decision
The parties have agreed to use the Expedited Mediation-Arbitration Protocol. It is not necessary
to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to an "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, although the vice-chair has the
discretion to request further information or documentation. Arbitration decisions are issued in
accordance with Article 22.16 of the collective agreement, without reasons, and are without
prejudice or precedent.
The grievance in this case relates to an allegation that the grievor's Health and Safety was
endangered by the lack of action on the part of the Employer following an incident between the
grievor and another employee.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion
that the grievance should be allowed in part. The Employer is to pay the grievor the sum of
$900.00 as damages net of all taxes.
Dated at Toronto, this 30th day of March, 2007.
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. . . .
I . . .
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M. Brian Keller, Vice-Chair