Loading...
HomeMy WebLinkAbout2010-2681.Zuke.12-09-26 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2010-2681 UNION#2011-0678-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Zuke) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Laura Josephson Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Caroline Markiewicz & Brian Scott Ministry of Government Services Centre for Employee Relations Employee Relations Advisors HEARING May 16, 2012. 2 Decision [1] The Employer and the Union at the Algoma Treatment and Remand 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] Mr. Michael Zuke filed a grievance alleging a violation of various provisions of the Collective Agreement as the result of an incident that took place in December of 2010. The grievor was a fixed term Correctional Officer at the time and his claim is for certain days absent from work following the events of December 14, 2010. [3] After a consideration of the facts in this matter, including the note from the grievor’s physician, and the tape recording of the offending comments made by a manager over a two way radio (comments which although foolishly stated did not identify the grievor), I am of the view that the grievance must be dismissed. [4] While I do not doubt that this was a difficult time for the grievor, the facts do not establish a breach of the Collective Agreement. Dated at Toronto this 26th day of September 2012. Felicity D. Briggs, Vice-Chair