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HomeMy WebLinkAbout2020-0592.McKay.21-09-27 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 2020-0592 UNION# 2020-0369-0009 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (McKay) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE D.J.D Leighton Arbitrator FOR THE UNION Gregg Gray Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Michelle LaButte and Daniel DiCroce Treasury Board Secretariat Employee Relations Advisors HEARING May 13, 2021 SUBMISSIONS September 17, 2021 -2- DECISION [1] Shannon McKay was a Correctional Officer 2, at Central North Correctional Centre, at the time that she grieved on February 28, 2020. She alleges that the employer breached Article 2, and 9 of the collective agreement, the Occupational Health and Safety Act (OHSA) and any other applicable law, when it failed to provide her with a safe workplace. She seeks a declaration that Article 9 and Subsection 25 (2) of OHSA, specifically clauses (a), (d), and (h) were breached when she was assaulted by an inmate and suffered significant and serious injuries. The union submits that the Ministry breached its duty to provide a safe workplace, and therefore argues that a declaration of the breaches and $20,000 in damages should be ordered by this Board. [2] The employer acknowledged that it failed in its duty to provide the grievor with a safe workplace and that as a result she suffered a serious assault by the inmate shortly after he was transferred to the institution. The employer did not oppose the union’s request for the declarations that it breached both the collective agreement and OHSA but noted that the Board has no jurisdiction in this case to order damages. [3] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter and asked that I issue a decision without precedential value, and without written reasons. [4] Having carefully considered, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby grant the grievance in part and make the following declaration: the Ministry failed in its duty to the grievor to provide a safe workplace, thus breaching its legal obligations under Article 9 of the collective agreement and clauses (a), (d), and (h) of Subsection 25(2) of OHSA. Further, I have decided not to order damages in this case. Dated at Toronto, Ontario this 27th day of September, 2021. “D.J.D. Leighton” _________________________ D.J.D. Leighton, Arbitrator