GSB#2011-3073

UNION#2011-0368-0210

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Carnegie)

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

Laura McCready Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

May 3, 2012.

Decision

1The Employer and the Union at the Central East 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.

2Mr. Kim Carnegie is a Rehabilitation Officer at CECC. He filed a grievance regarding his work assignment changes brought about as the result of a WDHP complaint. During the discussion of his grievance the Union requested information regarding that complaint. It was not received over the course of our three days of med/arbs.

3Therefore, I order the Employer to provide to Mr. Carnegie and the Union the entire investigation file flowing from the WDHP complaint. Such information is to be provided within three weeks of this award.

4Once that information has been reviewed the Union is to contact the Employer representative in the matter and me to tell us how it wishes to proceed.

5I remain seized.