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HomeMy WebLinkAbout2007-3170.Schoenmakers.08-07-16 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# 2007-3170, 2007-3171, 2007-3172 UNION# 2007-0368-0173, 2007-0368-0174, 2007-0368-0175 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Schoenmakers) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Stephen Giles Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING June 30, 2008. 2 Decision The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. Peter Schoenmakers is a Correctional Officer who filed three grievances alleging the Employer violated the Management?s right provision of the Collective Agreement and discriminated against him based on a disability by failing to continue his accommodation. Having heard the facts and submissions of the parties I am of the view that the Employer began a review of the grievor?s accommodation in a fashion that is not congruent with its own policy and its contractual and statutory obligations. The Employer is entitled to review accommodation arrangements in good faith from time to time. At the time I heard this matter the Employer has restored the original accommodation and no further adjustment in this regard remained outstanding. While the Employer should have approached its review in this matter differently, I cannot find that the Employer harassed or discriminated against the grievor. Therefore, these grievances are moot and no further redress is necessary. 3 th Dated in Toronto, this 16 day of July, 2008. Felicity D. Briggs Vice-Chair