GSB#2012-1163

UNION#2012-0642-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Racicot)

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

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

September 18, 2012.

Decision

1The Employer and the Union at the Monteith Correctional 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.

2Richard Racicot is a Maintenance Mechanic 3 who grieved that because the interview room door had a jammed lock in May of 2012 he should have been called in to remove and fix the lock. It was suggested by the Union that allowing this situation to continue was a health and safety breach.

3The Employer disputed the health and safety violation and urged that there was no violation of the Collective Agreement.

4After considering the facts and submissions in this matter I am of the view that the grievance must be dismissed.