Ontario Public Service Employees Union (Swierczynski) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 76366

GSB#2008-2214

UNION#2008-0234-0239

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Swierczynski)

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

Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Richard Novak Ministry of Community Safety and Correctional Services Employee Relations Advisor

HEARING

December 9, 2009.

Decision

1The Employer and the Union at the Maplehurst Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the 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.

2Mr. Albert Swierczynski's is a Correctional Officer who filed a grievance regarding various violations of the Collective Agreement. During the mediation the Employer conceded that it breached its policy and expressed regret that the grievor was negatively affected. I appreciated this forthright concession. After considering the facts and submissions I order the Employer to pay the grievor $300.00 of general damages.

3I remain seized.