GSB#2007-3468

UNION#2008-0108-0018

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McLeod-Dyck)

Union

• and -

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

Employer

BEFORE

Brian M. Keller

Vice-Chair

FOR THE UNION

Frank Inglis and Scott Andrews Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Linda Elliott Ministry of Community Safety and Correctional Services Deputy Superintendent, Administration

HEARING

April 13, 2010.

Decision

1This decision replaces the decision dated May 3, 2010.

2The Union filed a grievance on behalf of Ms. McLeod-Dyck dealing with Health and Safety concerns at Elgin-Middlesex Detention Centre. Essentially, it was agreed that the parties would provide me with whatever materials they considered relevant, and would then make submissions on the matter. It was agreed that the grievances would be fully resolved on the basis of the decision to be rendered. I was asked to, after considering the materials, as well as the submissions, issue a bottom line decision, without reasons. I was requested, as well, to issue the decision in point form based on the parties submissions.

3After considering the submissions of the parties, as well as the documents submitted, I hereby make the following Orders:

1. The Employer shall place the Grievor into a temporary assignment at the Walkerton Jail on a mutually agreed date.

2. Should the Grievor determine that the assignment to the Walkerton Jail is acceptable to her, or if the Grievor makes no indication that the assignment is unacceptable within six months of beginning the assignment, the employer shall make it permanent.

3. The Employer shall update the Offender Tracking Information System (OTIS) to indicate that, if the individuals identified during the course of this arbitration hearing as being a threat to the Grievor are admitted to the Walkerton Jail, they shall be, as soon as reasonably possible, transferred to another institution. Pending their transfer, the individuals shall remain in the A & D area unless their health and safety or the health and safety of employees or offenders necessitate their incarceration in another part of the Jail.

4. The Grievor shall not be entitled to relocation, mileage or travel time to attend at the workplace as a result of the assignment to the Walkerton Jail.

5. I shall remain seized of this Order.