GSB#2009-0763, 2009-0764

UNION# 2009-0368-0055, 2009-0368-0056

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Schoenmakers)

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

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Laura McCready Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

December 2, 2010.

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. Peter Schoenmakers filed two grievances following an incident that took place on January 31, 2009.

3I have considered the facts and submissions in this matter. Further, I have reviewed various documents including the Memorandum of March 4, 2009 to the grievor. By all accounts the grievor was treated in an inappropriate fashion on January 31, 2009. It is not surprising that he said that he was adversely affected. However, I am of the view that the Employer took the appropriate actions following the incident and did so in a relatively timely fashion.

4Accordingly, the grievances are dismissed.