HomeMy WebLinkAbout2022-9818.Robinson.23-12-28 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2022-9818
UNION# 2022-0229-0409
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Robinson) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Deborah J. D. Leighton Arbitrator
FOR THE UNION Richard Dionne
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Shivani Ramoutar
Treasury Board Secretariat
Employee Relations Branch
Labour Relations Analyst
HEARING December 5, 2023
-2 -
Decision
[1] Mr. Junior Robinson, a Fixed Term Correctional Officer at the Vanier Centre for
Women, filed a grievance on October 10, 2022, alleging that the employer
breached inter alia, the collective agreement, the Occupational Health and Safety
Act, and the Mandatory Blood Testing Act, by failing “to forward the completed
forms to Halton Public Health Unit” within the time limit of seven days after an
incident in which he was exposed to the bodily fluids of an inmate. The grievor
seeks to be made whole, including reimbursement for lost wages and $5000.00
dollars in damages.
[2] The employer maintains that it has a duty to provide the forms to an affected
correctional officer immediately after being advised of an employee’s exposure to
bodily fluids. To that end, the forms and package of information must be
preprepared so there is no delay. The package was delivered to the grievor as
required, on the day of the incident. This satisfied the Ministry’s obligation. The
Mandatory Blood Testing Act provides that the affected correctional officer has
the responsibility of filing the forms and therefore there has been no breach of
the Act or the collective agreement.
[3] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with this matter. They asked that I issue
a decision without precedential value and without written reasons.
[4] Having carefully considered the submissions of the parties and the jurisprudence
of the Board, I find that there has been no breach of the grievor’s rights.
Consequently, the grievance is dismissed.
Dated at Toronto, Ontario this 28th day of December 2023.
“Deborah J. D. Leighton”
Deborah J. D. Leighton, Arbitrator