GSB#2011-2656

UNION#2011-0369-0820

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Price)

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 Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Bart Nowak, Caroline Markiewicz & Sia Romanidis Ministry of Government Services Centre for Employee Relations Employee Relations Advisors

HEARING

April 12, 2012.

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 an alleged health and safety violation by the employer.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. However, it is Ordered that the matter be reviewed by the Local Health and Safety Committee. If the matter cannot be resolved at that level, either party is free to refer it to the Provincial level for discussion.