GSB#2015-1378

UNION#2015-5112-0119

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Andemariam)

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

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

James Cheng Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

February 23, 2017

Decision

1The Employer and the Union at the Toronto South Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring 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.

2Rahwa Andemariam is a fixed term Correctional Officer who filed a grievance alleging that various provisions of the Collective Agreement were violated as the result of her being ordered to sign a report that she did not author.

3There was a serious medical incident that occurred at TSDC on Saturday February 14, 2015 and the grievor responded to the alarm that was sounded.

4According to the documents provided the grievor wrote a comprehensive report of the incident on the same day. She stated that she was asked for further information and was eventually ordered by an Operation’s Manager to sign a report that she did not write. Ms. Andemariam was of the view that she was the only person so ordered and that she was singled out because she is a fixed term employee with less likelihood of refusing such an order.

5Not all of the facts of this matter were clear. However, if the grievor is right that she was ordered to sign a report that she did not write herself I certainly understand her concern. It is understandable that reports in situations such as the one that occurred in February of 2015 are essential. However, individuals should be allowed to author their own reports and not ordered to sign a report written by another.

6Having said that, there is no violation of the Collective Agreement and therefore the grievance is denied.