GSB# 2014-3702; 2016-0437; 2016-2436; 2016-2585

UNION# 2014-5112-0228; 2016-5112-0058; 2016-5112-0161; 2017-5112-0015

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Massicotte)

Union

• and -

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

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARINGS

November 22 and 23, 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 Arbitrator 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 November 22/23, 2017 the parties at Toronto South Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The grievor filed four grievances which were dealt with before me. Grievance Number 2014-5112-0228 dated November 17, 2014 appears to pertain to a claim for the payment of damages during a period of time when the grievor was on WSIB. For all of the reasons set out in the decision of the GSB in OPSEU (Monk) and MCSCS/MCYS decision dated April 20, 2010, this grievance is dismissed.

4On November 3, 2014 the grievor was assaulted by an inmate. Grievances Number 2016-5112-0058 and 2016– 5112-0161 deal with claims that the employer has failed to comply with the Institutional Policy and Procedures Manual pertaining to Workplace Violence, the Threats Against Staff Memorandum and the Zero Tolerance Policy On Violence Against Staff Policy.

5After having carefully considered the submissions of the parties I hereby direct the employer to comply with the requirements of these policies and Memorandum and in particular, when a threat from or assault by 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.

6The above noted decision is to be made as quickly as is feasible in the circumstances.

7Accordingly Grievances Number 2016-5112-0058 and 2016– 5112-0161 are upheld in part.

8Grievance No: 2017–5112-0015 appears to pertain to a claim for the payment of damages during a period of time when the grievor was on WSIB as well as a claim that the grievor was improperly paid while on WSIB. Again for the reasons noted above this grievance is dismissed.