GSB#2015-3342

UNION#2015-0616-0060

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Butcher)

Union

• and -

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

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

October 12, 2016

Decision

1The Employer and the Union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Vice Chair of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2On October 12/13, 2016 the parties at North Bay Jail agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The grievor filed a grievance dated December 31, 2015 claiming that he was assaulted by an inmate and that the employer had failed to comply with the Institutional Policy and Procedures Manual pertaining to Threats Against Correctional Services Employees.

4After having carefully considered the submissions of the parties I hereby direct the employer to comply with the requirements of the policy and in particular, when a threat from an offender is confirmed to exist, the superintendent or designate will determine whether it is appropriate to transfer the offender to another facility or whether an internal relocation is sufficient to maintain the safety of staff and the integrity of the process.

5The above noted decision is to be made as quickly as is feasible in the circumstances.