GSB#2010-2681

UNION#2011-0678-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Zuke)

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

Laura Josephson

Ontario Public Service Employees Union

Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz & Brian Scott

Ministry of Government Services

Centre for Employee Relations

Employee Relations Advisors

HEARING

May 16, 2012.

Decision

1The Employer and the Union at the Algoma Treatment and Remand 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. Michael Zuke filed a grievance alleging a violation of various provisions of the Collective Agreement as the result of an incident that took place in December of 2010. The grievor was a fixed term Correctional Officer at the time and his claim is for certain days absent from work following the events of December 14, 2010.

3After a consideration of the facts in this matter, including the note from the grievor’s physician, and the tape recording of the offending comments made by a manager over a two way radio (comments which although foolishly stated did not identify the grievor), I am of the view that the grievance must be dismissed.

4While I do not doubt that this was a difficult time for the grievor, the facts do not establish a breach of the Collective Agreement.