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GSB # 1753/99
OPSEU # 00U018
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IN THE MATTER OF AN ARBITRATION
Under
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THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
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Before
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THE GRIEVANCE SETTLEMENT BOARD
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BETWEEN
Ontario Public Service Employees Union
(Union Grievance)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Correctional Services)
Employer
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BEFORE Gerry Lee Vice Chair
FOR THE Ron Davis
GRIEVOR Counsel Koskie & Minsky Barristers & Solicitors
FOR THE David Strang
EMPLOYER Counsel Legal Services Branch Management Board Secretariat
HEARING April 3, 2000
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## AWARD
A mediation/arbitration process took place on April 3 , 2000, to deal with a Union grievance regarding a number of outstanding Health & Safety issues between the parties.
The Minutes of Settlement attached as Appendix A to this award are hereby made an order of the Grievance Settlement Board.
Dated at Toronto, Ontario this 13^th^ day of April, 2000.
## APPENDIX A
GSB#1753/99
MEMORANDUM OF SETTLEMENT
BEFORE THE GRIEVANCE SETTLEMENT BOARD
B E T W E E N:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION (OPSEU)
(hereinafter the “Union”)
A N D
The Crown in Right of Ontario
(Ministry of Correctional Services)
(hereinafter the “Employer”)
WHEREAS on August 28, 1999 the parties agreed to address any complaint and/or grievance arising as a result of measures the Employer has taken or not taken to comply with Decision 98-05 by a mediation/arbitration in accordance with Article 22.16 of the Collective Agreement;
THEREFORE the parties have agreed on the following terms as settlement of some of the matters submitted to arbitration as set out above, namely:
1. The Employer agrees it will provide the necessary equipment and provide any training necessary to allow correctional officers on community escorts at the institutions listed on Schedule “A” to have direct contact with the police through channels monitored by them on or before May 15, 2000.
2. The Employer agrees to contact other police in the jurisdiction of the other institutions not on Schedule “A” in order to clarify that the Employer will assume any cost associated with providing correctional officers on community escorts direct contact with the police through channels monitored by them on or before April 13, 2000.
3. The Employer agrees to provide counsel for OPSEU with a copy of the proposed correspondence on or before April 7, 2000 for comment. Comment to be provided on or before April 8, 2000.
4. The Employer agrees to provide the necessary equipment and provide any training necessary to allow correctional officers to have direct communication with the police through channels monitored by the police in the local jurisdiction within 30 days of the date of any agreement by the police to permit the use of said channels.
5. The Employer agrees to commence the additional Mechanical Restraints Training set out in February 2, 2000 memo from G. Commeford to N. Tefoglou for community escorts for correctional officers on or before October 2, 2000 and to complete it on or before January 31, 2001.
6. The Employer agrees that it will implement FleetNet Network Communications Systems for correctional officers engaged in community escorts on or before:
a) April 1, 2002 - for the South West Region
b) January 1, 2003 – for the South East Region
c) September 1, 2003 for the Central Region
d) June 1, 2004 for the North East Region
e) April 1, 2005 for the North West Region
As the Regions are set out in the map in Schedule “B”. The Employer agrees to contact the Ministry Joint Occupational Health and Safety Committee in advance if there are any difficulties in implementing the above.
7. The Employer agrees that it will commence providing fitted Kevlar vests, 26” asp. batons, and pepper foam to correctional officers who have successfully received community escort training on or before May 1, 2000 and upon provision of said equipment the number of correctional officers providing the escort to the offender may be reduced from three (3) to two (2).
8. The Employer agrees to offer community escort training to correctional officers on the Ministry Joint Occupational Health and Safety Committee on or before May 30, 2000 at the next available course in their region.
9. This agreement resolves all outstanding issues in this matter except for the number of correctional officers required to be given community escort training in accordance with the August 18, 1999 Agreement and item #11 from the January 19, 2000 Agreement.
10. The parties hereby request their Agreement be made an order of this Board.
11. The parties agree that Arbitrator, Mr. Gerry Lee will remain seized with the implementation of this Agreement and of the remaining outstanding issues set out in paragraph #9 above.
DATED at Toronto this 3rd day of April, 2000.
ONTARIO PUBLIC SERVICE EMPLOYEES UNION (OPSEU)
By its Counsel, Koskie Minsky
Per: “Ronald Davis “
“Nick Tefoglou”
“Daryl Pitfield”
“Fred Duykers”
“Barry Scanlon”
The Crown and Right of Ontario
(The Ministry of Correctional Services)
Per: “Jude Lake”
## SCHEDULE ‘A’
1. Stratford Jail
2. Peterborough Jail
3. Millbrook
4. Niagara
5. Quinte
6. E.M.D.C.
7. Cornwall Jail
8. Brookside Y. C.
9. North Bay Jail
10. Thunder Bay C. C.
11. Monteith C. C.
12. Fort Frances Jail
13. Thunder Bay Jail
14. Sault Ste. Marie Jail
15. Northern Treatment Centre
16. Kenora Jail
17. Guelph C. C.
18. Pembrooke Jail
minicounsel