GSB# 1991-1470, 1992-3080
UNION# 1991-0530-0005 [91E069], 1992-0530-0004 [93A167]
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Hyland)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Ken Petryshen
Vice-Chair
FOR THE UNION
David Wright Ryder, Wright, Blair & Doyle Barristers & Solicitors
FOR THE EMPLOYER
John Smith Senior Counsel Management Board Secretariat
HEARING
June 18, 2004
Decision
In a decision dated December 4, 2003, I determined that the appropriate placement for Mr. Hyland is at the Brookside Youth Centre (“Brookside”). The evidence before me at the time established that his placement at Brookside would best meet his accommodation needs. I remained seized to resolve any disputes relating to Mr. Hyland’s placement at Brookside. Mr. Hyland, a Correctional Officer, is an asthmatic with a sensitivity to cigarette smoke.
Pursuant to agreements between the Union and the Employer dated in February and March 2004, seven Correctional Officer positions from each of the Quinte Detention Centre (“Quinte”) and the Toronto Youth Assessment Centre (“TYAC”) were transferred to Brookside. Thirteen employees, seven from one of the institutions and six from the other elected to accept these transferred positions. At the hearing on June 18, 2004, the Union argued that Mr. Hyland should be placed into the transferred position that has not been filled. The Employer opposes this result.
After considering the submissions of counsel on this issue, it is my conclusion that Mr. Hyland should be placed into the unfilled position, as argued by the Union. In my view, this result is consistent with the Employer’s obligation to accommodate Mr. Hyland and it does not amount to undue hardship for the Employer. I will provide reasons for this decision in due course. I will continue to remain seized to resolve any disputes that may arise between the parties with respect to Mr. Hyland’s placement at Brookside.
Dated at Toronto, this 21st day of June 2004.