GSB#2009-2356

UNION#2009-0517-0109

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Warling)

Union

• and -

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

Employer

BEFORE

M.B. Keller

Vice-Chair

FOR THE UNION

Scott Andrews, Laurie Sabourin & Tim Mulhall Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Bart Nowak and Victoria Fichtenbaum Ministry of Government Services Employees Relations Branch Employee Relations Advisers

HEARING

November 9, 2010.

Decision

1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The grievance in this case relates to alleged Health and Safety violation.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. This is a matter that should be dealt with at the Provincial Health and Safety Committee.