GSB#2012-2568

UNION#2012-0368-0154

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McCabe)

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 25, 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.

2Kellie McCabe filed a grievance after an incident regarding a boot moved to an area designated for garbage. It is not necessary to review the facts of this matter. It is sufficient to say that the parties did not fully agree on the facts. However, there was not dispute that subsequent to this incident a video of the event was disclosed to a member of the bargaining unit.

3Although I am not convinced that there has been a violation of the Collective Agreement, the Employer was ill advised to release the video to the member of the bargaining unit to whom is was released.

4The grievance is denied.