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HomeMy WebLinkAbout2005-1443.Tardiel et al.09-10-20 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#2005-1443 UNION#2005-0530-0022 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Tardiel et al) Union - and - The Crown in Right of Ontario Employer (Ministry of Community Safety and Correctional Services) BEFORE Christopher J. Albertyn Vice-Chair FOR THE UNIONDavid Wright, Ryder Wright Blair & Holmes LLP, Barristers & Solicitors Eric del Junco, Barrister and Solicitor Donald McLeod, The McLeod Group, Barristers and Solicitors FOR THE EMPLOYER Melissa Nixon Ministry of Government Services Counsel SUBMISSIONS Written submissions from the parties - 2 - Decision [1]The Board issued a decision on June 30, 2009 giving an update of the objectives and action plans needed to improve the work environment in the Toronto Jail. That decision was revised in a decision on August 11, 2009. [2]Pursuant to both decisions, the Board makes the following amendments or alterations. [3]Objective No. 3, under paragraph 6 of the June 30, 2009 decision, is amended to read: As needed, meetings of the Coordinating Committee will take place to discuss unresolved issues relating to racism, sexism or sexual orientation in the workplace and attempt to reach consensus as to how they will be addressed. Should the Coordinating Committee fail to resolve the issue by consensus, either the Union or the Employer may refer the matter to the Board. This does not preclude the Union or any individual from pursuing a grievance. [4]The action plan under Objective 17, as Action 17.1.1, is amended as follows. The Ministry will report in writing to the Board (copy to the Union) by November 13, 2009 of its proposal to address the Union request for paid parking at the Toronto Jail, given the special circumstances that apply there. [5]The responsibility for the action plan under Objective 26 (stated at Action 26.5) is OED, not the Superintendent. [6]The action plan for objectives 47 and 48 (of the Board?s April 2, 2009 decision ? originally objectives 105 & 106), referred to the Board?s August 11, 2009 decision as paragraph 4)(h), is amended as follows: Recognizing that permanence in managerial appointments adds stability to the institution, the Ministry will prepare a written proposal to accomplish these objectives. The written proposal will be provided to the Board (copy to the Union) by November 13, 2009. This will enable the parties to respond to the proposal at the scheduled meeting on November 23, 2009. [7]Certain individuals assigned responsibility for action plans in the previous Board decisions no longer occupy the positions they did at the time of the assignment. The Coordinating Committee and the parties need to address who will replace them. Once they have done so, Employer and Union counsel, respective for those individuals in management and in the Union, will advise the Board in writing by November 13, 2009 of who will now assume such responsibility. [8]The newly elected President of OPSEU, Local 530, Mavis Montgomery, is appointed a member of the Coordinating Committee in her capacity as Union President. - 3 - [9]Group B is entitled to appoint an employee who works in the Toronto Jail to sit on the Coordinating Committee, as representative of Group B, subject to the Board?s confirmation. [10]The hearing scheduled for November 23, 2009 will be used for review of the objectives and actions assigned. The members of the Coordinating Committee and Ms. Ayers are required to attend, with counsel for the parties. th Dated at Toronto this 20 day of October 2009. Christopher J. Albertyn, Vice-Chair