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HomeMy WebLinkAbout2007-1814.Comeau.08-12-05 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#2007-1814 UNION#2007-0108-0058 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Comeau) 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 grievor received a letter of reprimand for insubordination related to a dispute over the delivery of canteen to inmates. Aramark, a private company, has contracted with the ministry to provide canteen services to the institution. It is not unusual that some canteen items remain undistributed after Aramark?s distribution process. In this case, the grievor was directed to complete the distribution of the canteen that had been left behind by Aramark. He refused the order. The grievor takes the position that the distribution of canteen has been contracted out and is not the responsibility of members of the bargaining unit. The employer responds that the distribution of canteen to inmates is appropriate work for corrections officers and, further, the grievor is required to obey all orders, and to grieve after if he believes the order in some way contravenes the collective agreement. 3 [3]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. th Dated at Toronto this 5 day of December, 2008. Barry Stephens, Vice-Chair