GSB#2010-1820

UNION#2010-0234-0229

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Martin)

Union

• and -

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

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Swey Vishwanath Ministry of Government Services Centre for Employee Relations Staff Relations Officer

HEARING

December 13, 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 relates to an incident involving the grievor and an OM16, in which the latter made a derogatory comment about the grievor to other staff. When the employer investigated the matter, the OM16 acknowledged the inappropriateness of the comment and offered an apology. The grievor declined the apology and the employer’s offer of mediation. The employer submits that it responded appropriately, investigating the matter, offering mediation, and assessing a measured disciplinary response. The grievor asserts that she was subjected to a poison work environment and seeks compensation.

3After reviewing the submissions of the parties and the collective agreement, the grievor is awarded one (1) day or pay in lieu. It would appear that this is the most recent incident in a difficult relationship that has spanned a number of years. Mediation is indicated if further unnecessary incidents of this nature are to be avoided, and the failure to participate in good faith in such efforts should be weighed carefully before any compensation is awarded with respect to any further issues between these two individuals.