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HomeMy WebLinkAbout2009-2003.Middlesex.10-03-31 Decision Commission de Commission de Crown Employeess Grievance Grievance règlement des griefs règlement des griefs Settlement Board Settlement Board des employés de la des employés de la Couronne Couronne Suite 600 Suite 600 Bureau 600 Bureau 600 180 Dundas St. West 180 Dundas St. West 180, rue Dundas Ouest 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Tél. : (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Fax (416) 326-1396 Téléc. : (416) 326-1396 Téléc. : (416) 326-1396 GSB 2009-2003, 2009-2004, 2009-2005, 2009-2007, 2009-2008, 2009-2009, 2009-2011 GSB 2009-2003, 2009-2004, 2009-2005, 2009-2007, 2009-2008, 2009-2009, 2009-2011 OPSEU FILE #2009-0108-0094, 2009-0108-OPSEU FILE #2009-0108-0094, 2009-0108-0088, 2009-0108-0091, 2009-0108-0089, 0088, 2009-0108-0091, 2009-0108-0089, 2009-0108-0092, 2009-0108-0087, 2009-0108-0095 2009-0108-0092, 2009-0108-0087, 2009-0108-0095 IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION UUnnddeerr THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT BBeeffoorree THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD BETWEENBETWEEN Ontario Public Service Employees Union èÏÔÎÏ - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services Employer BEFOREM. Brian Keller Vice-Chair FOR THE UNIONScott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERSean Milloy Ministry of Community Safety and Correctional Services Staff Relations Officers HEARING November 30, 2009. - 2 - DECISION [1]Subsequent to a mediation session held at Elgin-Middlesex Detention Center to resolve various grievances resulting from a use of force investigation, the parties are unable to agree on the contents of a memorandum and whether or not such memorandum should be posted by the employer. [2]The union takes the position that the memorandum should be posted by the employer so that it can be seen by all employees. The employer asserts that it never agreed to such posting during mediation but it does not object to the union posting the memorandum on its bulletin boards. [3]The principle issue giving rise to the grievances, that is, an allegation of use of force, the investigation, and its subsequent findings, was undoubtedly stressful to everyone involved: not just to correctional officers but also to managers. The stress was compounded for all, but in particular for the correctional officers involved, by a subsequent unfounded allegation that the use of force had been racially motivated. Although the allegation was proven to be unfounded, and indeed, the employer has always asserted that it was never a consideration in its subsequent decision to discipline certain employees, it was nonetheless a matter of some notoriety in the institution and certainly a cause of additional stress for correctional officers involved in the investigation. [4]While I accept that there was no formal agreement on the part of the employer to post a memorandum, they were certainly aware of the direct effect the racial allegation had on the correctional officers affected, and indirectly on the institution as a whole. In my view, given the employer has verbally acknowledged, and is prepared to acknowledge in writing, that the allegation of a racial motivation for the use of force was unfounded and was not considered in the decision to subsequently discipline certain correctional officers, I can see no harm and, on the contrary, can see a significant benefit in posting the memorandum for all correctional officers and managers to see. Consequently, I order the - 3 - employer to post the memorandum, which is attached as Appendix A to this decision, in those locations it normally posts memoranda to correctional officers and managers. [5]The posting of the memorandum is not a victory for the grievors. It is, rather, a way to ensure closure of this incident. It is a statement that the employer conducted its investigation in an appropriate and professional manner, took the appropriate and necessary steps, and disregarded unfounded allegations. It is an acknowledgment that whereas the investigation concluded that there was certain wrongdoing, those wrongdoing did not extend to the unfounded allegation that the use of force was racially motivated. The posting of the memorandum can only, in my view, have a healing effect. I see no prejudice to the employer in posting the memorandum. [6]I decline to award compensation as sought by the grievors. st Dated at Toronto this 31 day of March 2010. M. Brian Keller, Vice-Chair - 4 - Appendix "A" This memorandum will serve to confirm that on December 23, 2008, at Elgin Middlesex Detention Centre, a use of force investigation was initiated by management. Discipline to several correctional employees resulted, based on the findings dealing with the use of force. During the use of force investigation, the employer received a complaint alleging that the use of force had been racially motivated. No evidence was found to support the allegation. Neither the decision to investigate, nor the subsequent discipline, was the result of the complaint regarding racial motivation. Understandably, each such investigation results in stress for employees. It is unfortunate that the normal stress associated with the use of force investigation was compounded by the additional stress resulting from the unfounded allegation. While the employer regrets the stress that flows from any investigation it must be understood that it has no option; it is required to investigate each such complaint. The employer will continue to deal with any identified/potential threats against staff in a timely manner, and in accordance with the appropriate policies and procedures. The employer considers all issues relating to this incident to be fully resolved. To be signed by the Superintendant