GSB#2014-3756, 2014-3800, 2014-4623

UNION#2014-0678-0101, 2014-0678-0102, 2014-0678-0105

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kelly et al)

Union

• and -

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

Employer

BEFORE

Joseph D. Carrier

Vice-Chair

FOR THE UNION

Nick Mustari Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

October 14 and 15, 2015

Decision

1The Employer and the Union at the Algoma Treatment and Remand Centre in Sault Ste. Marie, Ontario agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Numerous grievances were settled through that process during my attendance there on October 14 and 15, 2015. However, the Parties were not successful in resolving those grievances identified as follows:

GSB OPSEU GRIEVOR

#2014-3756 #2014-0678-0101 Kelly, Kelsey

#2014-3800 #2014-0678-0102 Turpin, Ian et al

#2014-4623 #2014-0678-0105 Kelly, Kelsey

2Pursuant to the Protocol, decisions are to be issued shortly after matters are heard, and, those decisions are to be provided without reasons. Furthermore, all such decisions are to be made without prejudice and precedent as is this one.

3The above-noted grievances were filed by Employees working within and out of the Health Care Department. Each grievance, amongst other things, asserts the existence of a “poisoned work environment” within their department. I met and heard from several employees within that department each of whom described events and incidents which have allegedly been ongoing within the Health Care Department for a considerable period of time.

4The employees all felt themselves victims within those events and incidents. In the circumstances, they seek a solution to the alleged situation in their workplace. It is unnecessary for the purposes of this decision to set out the details of the various complaints. However, it is noteworthy that some relate to management and others to co-workers.

5The Employer was equally concerned that any such disharmony in the workplace should be addressed and resolved for the benefit of all within the department.

6It is my view that the most beneficial solution for these employees and the Department on an ongoing basis would be workplace mediation.

7(a) Accordingly, I order the Employer to retain the services of an appropriate mediator or facilitator who is employed outside the OPS to conduct a mediation.

(b) The mediation shall involve all current employees of the Health Care Department inclusive of any on temporary approved leave of absence.

(c) It is understood that the mediation process shall not be punitive; however, all Health Care Department personnel are expected to participate in the mediation as needed.

(d) The process should be scheduled as soon as practicable.

8I remain seized in the event the Parties have any difficulty in implementing this Award.