GSB#2007-0251, 2008-2654, 2008-3146

UNION#2007-0234-0026, 2008-0234-0274, 2008-0234-0308

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Clarke/Hagen/Holwell)

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

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Community Safety and Correctional Services Staff Relations Officer

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.

2A number of grievances were filed from both classified and unclassified Correctional Officers working in the A & D area of the facility regarding a poisoned work environment or “bullying and harassment”. I met with various officers who each spoke of the difficulty they have experienced at the hand of co-workers. It is not necessary for the purposes of this decision to set out any of the details of the various complaints. However, it is interesting to note that some of the grievers who complained of being victims were named by others as being the aggressor.

3It became quite clear that there is a level of dysfunction in this area of the Complex which ought not to continue in my view. 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 shall involve the grievors and those who have worked regularly in the department over the past year.

4I remain seized.