HomeMy WebLinkAbout2017-2103.Narejko.19-02-27 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2017-2103
UNION# 2017-0234-0181
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Narejko) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Laura McDonald
Treasury Board Secretariat
Employee Relations Advisor
HEARING January 22, 2019
-2-
DECISION
[1] Mr. Frank Narejko, a Correctional Officer 2 at Maplehurst Correctional Complex,
filed a grievance on September 2, 2017, alleging that the employer breached,
inter alia, Article 3, of the collective agreement and the Ontario Human Rights
Code. He alleges that the employer harassed and discriminated against him by
investigating an incident where an inmate died. The employer alleged that he
failed to complete some essential duties of the position. This caused the grievor
great stress and he is seeking full redress, a letter of apology and $100,000.00 in
damages.
[2] The employer took the position that the seriousness of the incident required a
CSOI investigation. The grievor was subsequently advised that the investigation
and a review of the facts determined that the allegations against him were not
substantiated and the grievor was advised of this in writing on August 16, 2017.
Thus, in the employer’s submission, there has been no breach of the collective
agreement. Further there is no evidence to support the allegations of
discrimination or harassment.
[3] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with this matter. They asked that I issue
a decision without precedent or prejudice, and without written reasons.
[4] There was no evidence provided by the union or argument made on the human
rights allegations. Having carefully considered the submissions of the parties on
the allegations of the breach of the grievor’s human rights and the collective
agreement, as well as the jurisprudence of the Board, I hereby deny the
grievance.
Dated at Toronto, Ontario this 27th day of February. 2019.
“D.J.D. Leighton”
______________________
D.J.D. Leighton, Arbitrator