HomeMy WebLinkAbout2007-3468.McLeod-Dyck.10-06-09 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement 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
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GSB#2007-3468
UNION#2008-0108-0018
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McLeod-Dyck)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Brian M. Keller
FOR THE UNION
Frank Inglis and Scott Andrews
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Linda Elliott
Ministry of Community Safety and
Correctional Services
Deputy Superintendent, Administration
HEARINGApril 13, 2010.
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Decision
[1]This decision replaces the decision dated May 3, 2010.
[2]The Union filed a grievance on behalf of Ms. McLeod-Dyck dealing with Health and
Safety concerns at Elgin-Middlesex Detention Centre. Essentially, it was agreed that the
parties would provide me with whatever materials they considered relevant, and would then
make submissions on the matter. It was agreed that the grievances would be fully resolved on
the basis of the decision to be rendered. I was asked to, after considering the materials, as well
as the submissions, issue a bottom line decision, without reasons. I was requested, as well, to
issue the decision in point form based on the parties submissions.
[3]After considering the submissions of the parties, as well as the documents submitted, I
hereby make the following Orders:
1. The Employer shall place the Grievor into a temporary assignment at the Walkerton Jail
on a mutually agreed date.
2. Should the Grievor determine that the assignment to the Walkerton Jail is acceptable to
her, or if the Grievor makes no indication that the assignment is unacceptable within six
months of beginning the assignment, the employer shall make it permanent.
3.The Employer shall update the Offender Tracking Information System (OTIS) to
indicate that, if the individuals identified during the course of this arbitration hearing as
being a threat to the Grievor are admitted to the Walkerton Jail, they shall be, as soon as
reasonably possible, transferred to another institution.Pending their transfer, the
individuals shall remain in the A & D area unless their health and safety or the health and
safety of employees or offenders necessitate their incarceration in another part of the Jail.
4.The Grievor shall not be entitled to relocation, mileage or travel time to attend at the
workplace as a result of the assignment to the Walkerton Jail.
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5.I shall remain seized of this Order.
th
Dated at Toronto this 9 day of June 2010.
M. Brian Keller, Vice-Chair