GSB # 1007/89, 1133/89, 2057/90, 2619/90, 2620/90, 2622/90, 2668/90, 0938/97, 0939/97, 1101/97, 1922/98, 1925/98, 0285/99
OPSEU # 89355, 89D623, 90E187, 91B216, 91B217-8, 91B220-3, 91A565, 97D977, 97D978, 97E098, 99A226, 99A227, 99C354-5
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Leach, et al)
Grievor
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General and Correctional Services)
Employer
BEFORE Barry B. Fisher Vice Chair
FOR THE John Brewin GRIEVOR Barrister & Solicitor
FOR THE Stephen Patterson EMPLOYER Legal Services Branch Management Board Secretariat
HEARING January 25, 2000
This case involves a claim by a number of grievors that their right under the Collective Agreement to a safe working environment was infringed because their workplace, the Whitby Jail, allowed smoking by inmates and staff.
Subsequent to the filing of this grievance, the Ministry instituted a no smoking policy at the Whitby Jail.
The Ministry and the Union agree that, in light of the present change in policy, the issue in the said grievance is moot.
The parties acknowledged however, that the individual grievors wanted to express their concerns in a formal setting about whether or not the Ministry intended to adopt a no smoking policy when they open up the new mega jails . The grievors have a real and substantial interest in this issue as the Whitby Jail is slated for closure and the staff at the Whitby Jail will likely be working at the new mega jails.
All the parties and the arbitrator listened to the grievors concerns about their future working conditions. The Ministry lawyer indicated that he would pass these concerns onto the appropriate senior Ministry staff and convey back any response. The grievor seemed satisfied with this response.
As the parties have agreed that the issue before me is now moot, the grievance is hereby dismissed.
Dated at Toronto, this 27th day of January, 2000.