GSB# 2022-9818

UNION# 2022-0229-0409

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Robinson)

Union

• and -

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

Employer

BEFORE

Deborah J. D. Leighton

Arbitrator

FOR THE UNION

Richard Dionne Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Shivani Ramoutar Treasury Board Secretariat Employee Relations Branch Labour Relations Analyst

HEARING

December 5, 2023

Decision

1Mr. Junior Robinson, a Fixed Term Correctional Officer at the Vanier Centre for Women, filed a grievance on October 10, 2022, alleging that the employer breached inter alia, the collective agreement, the Occupational Health and Safety Act, and the Mandatory Blood Testing Act, by failing “to forward the completed forms to Halton Public Health Unit” within the time limit of seven days after an incident in which he was exposed to the bodily fluids of an inmate. The grievor seeks to be made whole, including reimbursement for lost wages and $5000.00 dollars in damages.

2The employer maintains that it has a duty to provide the forms to an affected correctional officer immediately after being advised of an employee’s exposure to bodily fluids. To that end, the forms and package of information must be preprepared so there is no delay. The package was delivered to the grievor as required, on the day of the incident. This satisfied the Ministry’s obligation. The Mandatory Blood Testing Act provides that the affected correctional officer has the responsibility of filing the forms and therefore there has been no breach of the Act or the collective agreement.

3The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedential value and without written reasons.

4Having carefully considered the submissions of the parties and the jurisprudence of the Board, I find that there has been no breach of the grievor’s rights. Consequently, the grievance is dismissed.