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HomeMy WebLinkAbout2008-1811.Surowiec.09-11-17 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#2008-1811, 2008-1812, 2008-1813 UNION#2008-0368-0079, 2008-0368-0080, 2008-0368-0081 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union Union (Surowiec) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREFelicity D. Briggs Vice-Chair FOR THE UNIONFrank Inglis Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERGary Wylie Ministry of Community Safety and Correctional Services Staff Relations Officer HEARING October 22, 2009. - 2 - Decision [1]The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the 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]In August of 2008 the Employer issued a memorandum informing Correctional Officers that, in ?in order enhance the personal modesty of female offenders? it was going to schedule so as to provide that ?during strip search procedures at CECC?. unless an unusual circumstance prevents the assignment of a female officer to the Female Admitting and Discharge Area, that staff assigned are female?. The document also reproduced a section of the Adult Institutions Policy and Procedures Manual which sets out the appropriate process for female strip searches which is based upon the recognition that ?a significant number of female inmates have experienced sexual abuse?. [3]This memo was a follow up to an earlier one dated June 5, 2008 that stated: In order to provide for greater protection in terms of personal modesty, I am requesting that unless an unusual circumstance prevents the assignment of a female officer, that only female officers be assigned as ?back-up? officers. Therefore, please reassign male officers to replace female officers assigned elsewhere (i.e. pod) to be ?back-up? officer in the Female A & D area when required. Your cooperation in this matter is appreciated and will enhance the processing of courts/new arrivals. [4]Three male Correctional Officers filed grievances which allege they have discriminated against on the basis of their gender. It was further alleged that a poisoned work environment was created by the Employer as the grievors were ?subject to several taunts and jokes by fellow officers regarding my ability to effectively perform the functions of my assigned work?. By way of remedy the grievors asked for an apology from the - 3 - Employer to all male officers, a number of weeks of vacation to be taken at their discretion and $100,000. [5]I find, with no hesitation, that this is not a case of discrimination against male officers. Indeed, it is difficult for me to understand the allegation given the clearly stated and operationallybone fide reasons for the change in schedules. [6]As stated during the course of hearing this matter, I have concerns that claims of ?discrimination? in fact situations such as this where there is clearly no discrimination may, over the course of time, cause actual instances of discrimination to be treated with less gravitas than they otherwise deserve. [7]Further, it is beyond my comprehension why the grievors would think that in these circumstances one hundred thousand dollars in damages is appropriate for each grievor. [8]After hearing all of the facts, I do appreciate that it might have been better had the Employer called together all of the officers for a meeting to explain the reasons for the schedule changes prior to the memo being sent. [9]However, I am of the view that there is no violation of the collective agreement and therefore the grievances are denied. th Dated at Toronto this 17 day of November 2009. Felicity D. Briggs, Vice-Chair