Ontario Public Service Employees Union (Tardiel et al) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 66846

GSB#2005-1443

UNION#2005-0530-0022

Group “A” & “B”

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Tardiel et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Christopher J. Albertyn

Vice-Chair

FOR THE UNION

David Wright, Ryder Wright Blair & Holmes LLP, Barristers & Solicitors Eric del Junco, Barrister and Solicitor Donald McLeod, The McLeod Group, Barristers and Solicitors

FOR THE EMPLOYER

Melissa Nixon Ministry of Government Services Counsel

HEARING

October 28, 2009.

Decision

1There are several grievances in these matters that have the following similarity. They all allege that the individual grievor concerned suffered harm and damages as a result of working in a poisoned work environment, without reference to some other specific triggering incident or event. I refer generically to these grievances as “the poisoned work environment grievances”.

2The only issue to be addressed in the poisoned work environment grievances is the amount of money, if any, will be paid to each of the Grievors. Other systemic remedies will be addressed in the Union’s policy grievance being addressed through the organizational process described in previous decisions.

3The following protocol will apply to the hearing of the poisoned work environment grievances.

1. The hearing of the Group B poisoned work environment grievances will take place on April 6, 2010.

2. The hearing of the Group A poisoned work environment grievances will take place on April 26, 2010.

3. The Union will be entitled to have 3 individuals present for each of the hearings, pursuant to Article 22.11.1 of the parties’ collective agreement.

4. At least 30 days prior to the hearing date, the Union will provide a group will-say statement on which it intends to rely, with detail of its proposed monetary resolution.

5. At least 15 days prior to the hearing date, the Employer will provide a will-say statement in response on which it intends to rely, with detail of its proposed monetary resolution, if any.

6. At least 5 days prior to the hearing date, the Union may reply to the Employer’s response.

7. In other respects, with the necessary alterations, the litigation protocol contained in the Board’s decision of October 21, 2009 will apply.