GSB# 2013-0622, 2013-0623, 2013-0624

UNION# 2012-0549-0013, 2012-0549-0014, 2012-0549-0015

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Poholko et al)

Union

• and -

The Crown in Right of Ontario (Ontario Science Centre)

Employer

BEFORE

David R. Williamson

Vice-Chair

FOR THE UNION

Sharon Naipaul Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Suneel Bahal Ministry of Government Services Legal Services Branch Counsel

HEARING

March 25, 2014

Decision

1The issue before me is proceeding under 22.16 of the Collective Agreement Mediation/Arbitration procedure. The parties have agreed this agreement is on a without precedent basis.

2On October 22, 2012 work was being conducted at the Ontario Science Centre (OSC) involving the grinding of concrete which resulted in dust and particulates entering work areas and work stations.

3The Employer recognizes that this occurred because the Employer did not take sufficient precautions in accordance with the Health and Safety Contractor Policy (HSCP) and Article 9 of the Collective Agreement to take every reasonable precaution in the circumstances for the protection of a worker.

4Having heard the submissions of the parties, I hereby declare the Employer breached Article 9 of the Collective Agreement.

5Accordingly, I hereby direct the parties to consult on the way the procedures contained in the HSCP are implemented. In the interim it is understood that the obligations under the OHSA remain in place.