Ontario Public Service Employees Union (Burns) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 76378

GSB#2007-3485, 2008-0114, 2008-2783

UNION#2008-0368-0009, 2008-0368-0027, 2008-0368-0130

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Burns)

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 Officer

FOR THE EMPLOYER

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

HEARING

October 22, 2009.

DECISION

1The Employer and the Union at the Central East 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. Narlan Burns is a Correctional Officer who filed three grievances including one that alleged discrimination on the basis of the Employer’s ongoing failure to accommodate.

3I have considered the facts and submissions made by the parties and I order the Employer to pay to the grievor $5,000 in damages.

4The grievances are upheld to that extent. I remain seized in the event of implementation difficulties.