Ontario Public Service Employees Union (Tobis) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 59133

GSB#2006-1208, 2006-1209, 2008-2149

UNION#2006-0234-0266, 2006-0234-0267, 2008-0234-0229

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Tobis)

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

Stacey Zafiriadis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Bart Nowak Ministry of Community Safety and Correctional Services Employee Relations Adviser

HEARING

July 27 and 28, 2009.

DECISION

1The Employer and the Union at the Vanier Centre for Women agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Many 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.

2Ms. Nancy Tobis has been a Social Worker with the Ministry since approximately 1985. She filed three grievances. Two alleged that the Employer was not properly recognizing her seniority with respect to the assignment of work. Neither of these grievances established a violation of the Collective Agreement and are therefore dismissed.

3The third grievance filed by Ms. Tobis alleged a poisoned work environment particularly with respect to dealings with a particular co-worker. It should be obvious that I heard only one view of the working relationship between the grievor and the other social worker. I was provided with some email correspondence and a short review, written by Ms. Tobis regarding her situation at Vanier. That history revealed that mediation was attempted in the past without success. During discussions with the grievor it was revealed that the past mediation was attempted by a supervisor who was not necessarily skilled at mediation. The situation between the grievor and her co-worker was only made worse by the unsuccessful attempt.

4I am of the view that mediation that mediation is what is necessary in this instance. However, it should not be undertaken by the grievor’s supervisor. Indeed, it should be done by an individual from outside Vanier Centre. Accordingly, I order the Employer to retain the services of an appropriate mediator who is employed outside of the OPS. It is understood that this mediation process is not punitive and is ordered in an effort to “fix” the situation in the workplace. Neither employee will have anything noted in their file regarding this order of mediation.