HomeMy WebLinkAbout2009-2077.Laurin.10-10-13 Decision
en.n EiJJpIo)II!es
Grievance
Settlement Board
Commission de
riglement des griefs
des~dela
eor.ome
~
smte mo
180 IJlndas 5t WesI
TCJRJrm. QBiD IofiG 1ZB
Tel (4-16) 326-1388
Fax (4-16) 326-1396
Ibeau mo
100. rue IJlndas Ouest
TCJRJrm (0nIari0) M5G 1ZB
Tel: (4-16)326-1388
T~ : (4-16) 326-1396
ontario
GSB#2009-2077 ~ 2010-0868
UNION# 2009--0411-0186, 2009--0411-0263
IN THE MATIER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COlLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETILEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Laurin)
Umon
- aad -
The Crown in Right of Ontario
(Minis1Iy of Comrmmity Safety and Correctional Services)
Employer
BEFORE
Felicity D_ Briggs
Vtre-Chair
FOR THE UNION
Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Gary Wylie
Minis1Iy of Government Services
Employee Relations Advisor
lIEAKING
October 5~ 2010_
-2-
Decision
[1] The Employer and the Union at the Ottawa Carleton Detention 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 reason5_ Further, the decision
is to be without prejudice and precedent
[2] Mark Laurin filed two grievances_ Both allege the Employer failed to meet
its statutory and collective agreement obligations to provide a safe work
environment. One grievance specifically challenged the quality of the air
and the ventilation systeIa The second involved an allegation resulting
from an incident with a member of manaeement after which the grievor was
absent from the wmkplace_
[3] By way of remedy the grievor wanted this Board to order an oubide
consultant to review the air and circulation systems and top-up for a period
of sick leave_
[4] Both grievances are denied The Board was provided with copies of reports
showing that the Employer is performing ongoing testing of the air quality_
In any event, disputes of this nature should be addressed at the local Health
and Safety Committee_ I understand that there is a mech:urism in place that
allows local parties to send matters that are not resolved after much local
-3-
discussion to a central health and safety table_ I suggest the grievor make
use of this process ifhe feels his concerns are not being addressed..
[5] With regard to the second grievance, I was not persuaded that Mr_ Laurin
was threatened by his supervisor as he alleged A number of witnesses were
asked to provide witness statemen:b; and none of them said that the grievor
was threatened Further, I find it unlikely that if the supervisor intended his
COIDmen:b; to be threatening he would not have said them in front of almost
half a dozen of the grievor's co-workers_
[6] Accordingly, the grievances are denied
Toronto this 13th day of October 2010_
-
Felicity D_ Briggs, Vice-Chair