HomeMy WebLinkAbout2006-3110.Deyell.08-12-04 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#2006-3110, 2006-3115
UNION#2005-0108-0088, 2005-0108-0093
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Deyell)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Scott Andrews, Frank Inglis & Greg McVeigh
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin, Greg Gledhill & Brian Scott
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARINGNovember 27, 2008.
2
Decision
[1]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 a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair
with submissions, which include the facts and authorities each relies upon. This decision
is issued in accordance with the Protocol and with Article 22.16 of the collective
agreement, and is without prejudice or precedent.
[2]The grievance in this case relates to an incident on October 8, 2005. The grievor was
directed by OM16 Dracos to unlock the unit on which he was working. The grievor
stated that he felt that unlocking the unit might be dangerous in the circumstances where
a syringe had been discovered. When OM16 Dracos repeated his request, the grievor
stated he had a health and safety concern and requested the presence of a Health and
Safety representative. OM16 Dracos prevented the grievor from calling the
representative. The grievor was sent home with pay. He lost one hour of overtime as a
result. A Ministry of Labour investigation was held under the Occupational Health and
Safety Act, and remedies were ordered, including a notice to the employer with respect to
the prohibition of reprisals against employees who exercise rights under the Act. The
grievor, among other remedies, seeks the transfer of OM16 Dracos to another ministry.
3
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievor should be compensated for one hour of lost overtime.
th
Dated at Toronto this 4 day of December 2008.
Barry Stephens, Vice-Chair