GSB#2006-1208, 2006-1209, 2006-2731, 2007-0251, 2008-2149, 2008-2654, 2008-3146

UNION#2006-0234-0266, 2006-0234-0267, 2006-0234-0391, 2007-0234-0026, 2008-0234-0229,

2008-0234-0274, 2008-0234-0308

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Tobis et al)

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

Bart Nowak Ministry of Community Safety and Correctional Services Employee Relations Advisor

HEARING

December 9, 2009.

Decision

1In July of 2009, I attended at a mediation/arbitration session at Vanier Correctional Centre. During those two days I heard a number of matters which the parties were unable to resolve. Shortly after the sessions I wrote three decisions that ordered the Employer to “retain the services of an appropriate mediator who is employed outside of the OPS. It is understood that this mediation process is not punitive…..”

2I remained seized of these matters. The parties contacted me to discuss how the decisions are to be implemented. Specifically, it was asked if attendance at these sessions was intended to be voluntary.

3In each of the three instances that were put before me at Vanier, I found that there was a level of dysfunction that is harmful to the ongoing operation of the institution. This dysfunction manifests itself in various ways and to varying degrees.

4In my earlier decisions I determined it best not to lay fault with any particular individual. In my view, given the level of dysfunction, such an assignment of blame would be counterproductive. I continue to hold that view. However, I have no hesitation in finding that there are relationship conflicts and wide spread departmental problems that need to be addressed. To be clear, it was my intention that attendance at the mediation sessions ordered in my earlier decisions is mandatory.

5I remain seized of any issues that arise as a result of this decision.