GSB# 2003-3820
UNION# 2004-0234-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Dakroub)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Stephen Giles Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Rena Khan Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
January 27, 2006.
Decision
The parties agreed to an Expedited Mediation-Arbitration Protocol for the Maplehurst Correctional Complex. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to an expedited process wherein each party provides the vice-chair with written submissions, which include the facts and authorities the party intends to rely upon, one week prior to the hearing. At the hearing, oral evidence is not called, although the vice-chair is permitted to request further information or documentation. In addition, if it becomes apparent to the vice-chair that the issues involved in a particular case are of a complex or significant nature, the case may be taken out of the expedited process and processed through “regular” arbitration. Although individual grievors often wish to provide oral evidence at arbitration, the process adopted by the parties provides for a thorough canvassing of the facts prior to the hearing, and leads to a fair and efficient adjudication process. Arbitration decisions are issued in accordance with article 22.16 of the collective agreement and, therefore, are without precedent.
The grievance relates to a conflict between the grievor and OM16 McCabe at the institution. The grievor states that his problems with OM16 McCabe date back to 1999. Evidence was adduced of two incidents in 1999. More evidence was provided of incidents that occurred in 2004, during which the grievor alleges that Ms. McCabe used profanity when speaking to him, failed to provide him with appropriate relief, spoke to him in an insulting and demeaning manner, and shouted at him.
The employer responds that OM16 McCabe denies most of the allegations. She states she attempted to provide the grievor with relief on the occasion complained of, but, for reasons she cannot explain, the relieving employee did not show up. OM16 McCabe acknowledges that she and grievor “exchanged words” during one incident, although she cannot recall the details of the incident. She also states that, as the result of an intervention by a mutual friend, she is of the view that the differences between herself and the grievor have been resolved.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed.
Dated at Toronto, this 27th day of February, 2006.