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HomeMy WebLinkAbout2007-0971.Tougher.08-06-24 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2007-0971 UNION# 2007-0248-0127 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Tougher) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair M. Brian Keller FOR THE UNION Scott Andrews and Stephen Giles Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Greg Gledhill Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING June16, 2008. 2 Decision The parties have agreed to an 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 û Mediation-Arbitration process, wherein each provides the vice-chair with submissions, which ü 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, or with brief reasons, and are without prejudice or precedent. The grievance in this case relates to an alleged health and safety matter. After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. The grievor, by her own admission, prior to her leaving work, never informed the employer she felt she was in danger. The employer cannot be held liable for a matter that was not brought to its attention. th Dated at Toronto, this 24 day of June, 2008. M. Brian Keller, Vice-Chair