HomeMy WebLinkAbout2006-1208.Tobis.09-08-20 Decision
Commission de Commission de
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règlement des griefs règlement des griefs
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UNION#2006-0234-0266, 2006-0234-0267, 2008-0234-0229 UNION#2006-0234-0266, 2006-0234-0267, 2008-0234-0229
IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION
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THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT
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THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD
BETWEENBETWEEN
Ontario Public Service Employees Union
èÏÔÎÏ
(Tobis)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREFelicity D. Briggs Vice-Chair
FOR THE UNIONStacey Zafiriadis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERBart Nowak
Ministry of Community Safety and
Correctional Services
Employee Relations Adviser
HEARING
July 27 and 28, 2009.
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DECISION
[1]The Employer and the Union at the Vanier Centre for Women agreed to
participate in the Expedited Mediation-Arbitration process in accordance
with the negotiated Protocol. Many 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.
[2]Ms. Nancy Tobis has been a Social Worker with the Ministry since
approximately 1985. She filed three grievances. Two alleged that the
Employer was not properly recognizing her seniority with respect to the
assignment of work. Neither of these grievances established a violation of
the Collective Agreement and are therefore dismissed.
[3]The third grievance filed by Ms. Tobis alleged a poisoned work environment
particularly with respect to dealings with a particular co-worker. It should
be obvious that I heard only one view of the working relationship between
the grievor and the other social worker. I was provided with some email
correspondence and a short review, written by Ms. Tobis regarding her
situation at Vanier. That history revealed that mediation was attempted in
the past without success. During discussions with the grievor it was
revealed that the past mediation was attempted by a supervisor who was not
necessarily skilled at mediation. The situation between the grievor and her
co-worker was only made worse by the unsuccessful attempt.
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[4]I am of the view that mediation that mediation is what is necessary in this
instance. However, it should not be undertaken by the grievor?s supervisor.
Indeed, it should be done by an individual from outside Vanier Centre.
Accordingly, I order the Employer to retain the services of an appropriate
mediator who is employed outside of the OPS. It is understood that this
mediation process is not punitive and is ordered in an effort to ?fix? the
situation in the workplace. Neither employee will have anything noted in
their file regarding this order of mediation.
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Dated at Toronto this 20 day of August 2009.
Felicity D. Briggs, Vice-Chair