GSB#2010-1157

UNION#2010-0530-0085

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McMillan)

Union

• and -

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

Employer

BEFORE

M. Brian Keller

Vice-Chair

FOR THE UNION

Scott Andrews and Tim Mulhall Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Victoria Fichtenbaum Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

October 14, 2011.

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 health and safety, and specifically, that the HVAC system at the Jail requires cleaning.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be allowed. The Employer is Ordered forthwith to fully follow and implement recommendations one and two found at page seven of the Report of the Ontario Realty Corporation, Property Services, regarding an assessment of the HVAC system at the Toronto Jail, dated April 10, 2010.

4I remain seized as required.