Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396

Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396

GSB#2009-2077, 2010-0868

UNION# 2009-0411-0186, 2009-0411-0263

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Laurin)

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 Government Services Employee Relations Advisor

HEARING

October 5, 2010.

Decision

1The Employer and the Union at the Ottawa Carleton Detention 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.

2Mark Laurin filed two grievances. Both allege the Employer failed to meet its statutory and collective agreement obligations to provide a safe work environment. One grievance specifically challenged the quality of the air and the ventilation system. The second involved an allegation resulting from an incident with a member of management after which the grievor was absent from the workplace.

3By way of remedy the grievor wanted this Board to order an outside consultant to review the air and circulation systems and top-up for a period of sick leave.

4Both grievances are denied. The Board was provided with copies of reports showing that the Employer is performing ongoing testing of the air quality. In any event, disputes of this nature should be addressed at the local Health and Safety Committee. I understand that there is a mechanism in place that allows local parties to send matters that are not resolved after much local discussion to a central health and safety table. I suggest the grievor make use of this process if he feels his concerns are not being addressed.

5With regard to the second grievance, I was not persuaded that Mr. Laurin was threatened by his supervisor as he alleged. A number of witnesses were asked to provide witness statements and none of them said that the grievor was threatened. Further, I find it unlikely that if the supervisor intended his comments to be threatening he would not have said them in front of almost half a dozen of the grievor’s co-workers.

6Accordingly, the grievances are denied.