GSB#2010-2457

UNION#2010-0582-0060

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Canavan)

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

Sia Romanidis Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

December 12, 2011.

Decision

1The Employer and the Union at the Toronto East Detention 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.

2Paul Canavan filed a grievance regarding the attendance support management program. He alleged that the program itself is contrary to the Collective Agreement and the Ontario Human Rights Code. His allegations also included specific instances where he has been improperly treated as the result of the program.

3The grievor was informed that the overarching matters of whether the program is a violation of the Collective Agreement has already been determined by this Board. However, how the program has been applied in his situation remains outstanding. During the course of the grievor’s outline of the facts, it became apparent that more information is required from employer representatives that no longer work within this institution. Accordingly, I ordered the employer to undertake efforts to investigate further including having discussions with previous personnel. Once this has been accomplished the parties will attempt to resolve this matter with the assistance of the Board.

4In the meantime, the grievor is to be frozen in the attendance program. To be clear, he is not to progress further within the program until we reconvene to deal with the outstanding matters.

5I remain seized.