GSB#2014-4172, 2014-4509
UNION#2014-0368-0215, 2014-0368-0221
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Sipila)
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
David Marincola Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor
HEARING
January 24, 2017
Decision
1The Employer and the Union at the Central East Correctional 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.
2Mr. Steve Sipila and Mr. Iain Hutton filed grievances alleging that the Employer violated various provisions of the Collective Agreement “by being negligent in the adherence of compliance” with its own policies and procedures. These grievances were filed following an incident involving an inmate.
3After consideration of the facts and submissions I make the following order:
The Employer is to comply with the Institutional Policy and Procedures Manual pertaining to Threats Against Correctional Services Employees.
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.
The Superintendent or designate will ensure that the threatened employee is kept informed of all proceedings.
4To that extent, the grievance is upheld.
Dated at Toronto, Ontario this 27th day of January 2017.