HomeMy WebLinkAbout2008-2162.Mark.08-11-12 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#2008-2162
UNION#2008-0368-0089
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mark)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Tim Mulhall
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARINGOctober 15, 2008.
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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]The grievor, Ms. Katherine Mark, filed a grievance alleging health and safety concerns
flowing from interactions she had experienced with a particular manager. At a meeting
held on August 5, 2008, the parties agreed in a Memorandum of Settlement to certain
provisions regarding interactions between Ms. Mark and the manager for a specified period
of time. Unfortunately, by all accounts there was a breach of that agreement. In my view,
this breach while unintended was most likely avoidable. The grievor was absent from the
workplace on sick leave following this breach.
[3]By way of remedy Ms. Mark asked for compensation as the result of losses and damages.
She also wanted certain additional provisions be imposed upon the Employer regarding her
working conditions as they relate to her interactions with the manager.
[4]After consideration of the submissions I am of the view that I have the jurisdiction to
address and remedy allegations of the breach of the parties? agreement.
[5]However, I cannot, as requested by the grievor, impose new restrictions upon the Employer
beyond those set out in the original Memorandum of Agreement.
[6]Having considered the facts of this matter I am prepared to attempt to redress the breach of
the agreement and accordingly I order the Employer to pay the losses incurred by the
grievor, that is, sick leave top-up. Further, I order an amount of damages of $500 to be
paid by the Employer.
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[7]I remain seized in the event there are implementation difficulties as the result of this
decision.
th
Dated at Toronto this 12 day of November, 2008.
Felicity D. Briggs, Vice-Chair