GSB# 2015-2885

UNION# 2016-5112-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Brunet et al)

Union

• and -

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

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Stewart McMahon Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

March 1, 2019

DECISION

1When a grievance dated December 22, 2015, signed by four Correctional Officers at the Toronto South Detention Centre, Jacqueline Samuels, Maria Walker, Rita Brunet and Cheryl Richards came before the Board for hearing on September 7, 2017 under article 22.16, union counsel advised that Ms. Samuels had settled her grievance. The other three grievors were not in attendance. The parties agreed to adjourn the hearing to the next scheduled hearing date subject to conditions.

2When the Board reconvened on September 13, 2017, grievors Walker and Brunet were in attendance, but not Ms. Richards. In a decision dated September 18, 2017, the Board dismissed the grievance as it related to Ms. Richards in accordance with the conditions for adjournment agreed upon. It also upheld the employer’s motion that the “Monk principle”, precluded the grievors from claiming compensatory relief or damages in this proceeding with respect to the alleged injuries suffered as a result of exposure to smoke from fires set by inmates at the correctional institution.

3On March 1, 2019, the grievance came back before the Board with respect to the two remaining grievors, Brunet and Walker. When the Board convened at 10:00 a.m., Counsel advised that only Ms. Brunet was in attendance. The Board advised that it would recess and reconvene at 11:00 a.m.

4At 11 a.m. the Board was advised by union counsel that Ms. Walker was contacted, that she was at work at the correctional institution, and that he did not expect her to attend.

5The Board is satisfied that Ms. Walker received due notice of the scheduled hearing of her grievance on March 1, 2019. In the circumstances the Board dismissed the grievance as it related to Ms. Walker.

6That left Ms. Brunet as the only remaining grievor. The Board provided directions to both counsel on the nature and the parameters of the evidence that will be received, and the process that will be followed, with respect to Ms. Brunet’s grievance.

7The hearing will continue in accordance with those directions on March 6, 2019. The Board remains seized.