GSB#2018-3580; 2018-3581

UNION# 2018-0719-0026; 2018-0719-0027

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Nowe)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Brian P. Sheehan

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz Treasury Board Secretariat Employee Relations Advisor

HEARING

September 11, 2019

Decision

1The Employer and the Union at the Kenora Jail agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent.

2The grievor is a Correctional Officer 2 employed at the Kenora Jail. His date of hire was October 12, 2004.

3The grievor filed two grievances claiming mistreatment by certain specific members of management at the Kenora Jail. In particular, in grievance #2018-0719-0026, the grievor alleges that Superintendent Steve Walker created a poisoned work environment; such that, the grievor has not been able to return to work.

4The facts associated with the second grievance (#2018-0719-0027) are directly related to the filing of grievance #2018-0719-0026. In particular, the grievor alleges that when he submitted the grievance, Operational Manager Stephen Creed read the outlined remedy requested by the grievor in a mocking tone in the presence of other correctional staff; and in doing so, breached the grievor’s privacy rights and harmed his reputation.

5The grievor did not attend the Med/Arb session on September 11, 2019, and no further particulars were provided outlining the nature of the actions that Superintendent Walker was purported to engage in that the grievor viewed as causing the purported poisoned work environment. Against that background, there is an insufficient factual basis to establish any wrongdoing on the part of Superintendent Walker; accordingly, that grievance is dismissed.

6As to Grievance #2018-0719-0027, I would note that it would be highly inappropriate for a member of management to mock an employee in a public manner with respect to the employee exercising his/her protected right to file a grievance. That point noted, Operational Manager Creed denies publicly mocking the grievor in relation to the grievance that was filed by the grievor. It is my view that there is an inadequate factual basis to conclude that Operational Manager Creed, in fact, breached the grievor’s privacy rights and/or that Operational Manager Creed acted in an inappropriate manner. Accordingly, that grievance is, likewise, dismissed.