GSB#2015-3198

UNION#2016-0369-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dionne)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Vice-Chair

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

David Marincola Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

April 11, 2017

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 April 11, 2017 the parties at the Central North Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The Grievor is a Correctional Officer. The grievance alleges that the Employer failed to respond appropriately to what the Grievor considered to be a threat of physical violence made to him by a Sergeant at the facility and which the Grievor had reported to the Employer. More particularly, the Grievor alleges that the Employer failed to offer him assistance, take steps to ensure his safety pending investigation of the incident, conduct a proper investigation or advise him of the results.

4From documents provided by the Employer and its representations, I am satisfied the Grievor was offered assistance and that the Employer turned its mind to whether or not it was necessary to take steps to ensure his safety and determined that it was not. I am also satisfied that the Employer conducted an investigation and orally advised the Grievor of its conclusion that there was no breach of any applicable policy. The Employer also concluded that the statement was not an actual threat of physical violence. Based on the material and representations before me, these were reasonable conclusions. The Employer acknowledges its conclusion that the statement did not constitute a threat may not have been conveyed to the Grievor. The Employer thought the matter was resolved when the Grievor and the Sergeant in question engaged in a voluntary mediation process with an external mediator and the external mediator reported that “both parties had an opportunity to speak and have agreed that the incident was behind them and requires no further action.” Having said that, the Employer acknowledges that the grievance was not withdrawn either before or following the mediation. The procedural concerns raised by the grievance remain.

5At most it appears that the Employer failed to properly document its investigation and formally advise the Grievor of its conclusions. I so declare. In all other respects the grievance is dismissed.