Loading...
HomeMy WebLinkAbout2005-0681.Birkhof.08-11-14 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#2005-0681 UNION#2004-0368-0152 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Birkhof) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Stacey Zafiriadis Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services HEARINGOctober 16, 2008. 2 Decision [1]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. Many 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, in accordance with the Protocol, this decision is to be without prejudice and precedent. [2]Scott Birkhof is a Correctional Officer who filed a grievance that alleges the Employer violated the various provisions of the Collective Agreement and its own policies by failing to undertake a proper WDHP investigation. The Employer?s investigation was not to the grievor?s satisfaction. Mr. Birkhof had an opportunity to review all of the relevant facts. He made clear his view and articulated his requested remedy. It is not necessary to set out the facts of this matter. The Employer was of the view that there has been no violation. [3]While I am sympathetic to the situation in which the grievor found himself, I am of the view that the Employer has not violated any provision of the Collective Agreement and for that reason the grievance must be dismissed. Further, from the facts provided the Employer dealt with the situation in accordance with its policies. th Dated at Toronto this 14 day of November, 2008. Felicity D. Briggs, Vice-Chair