Ontario Public Service Employees’ Union v. Ministry of Correctional Services, 2001 CanLII 2885

Ontario Public Service Employees’ Union v. Ministry of Correctional Services

Board File No.: 0441-01-OH Date: July 9, 2001

Applicants: Ontario Public Service Employees’ Union, Mark Dugas, Colin Robertson, Cathy White, Sheila Lanktree, Richard Trotter, Cheryl Koebel, Bob Alexander, Paul Kolodziejczyk, Fred Longstreet and Peter Degan Responding Party: Ministry of Correctional Services

Before: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.

DECISION OF THE BOARD

1. This an application under section 50 of the Occupational Health and Safety Act (the “Act”) alleging an unlawful reprisal by the responding party.

2. Following a meeting with a Labour Relations Officer, the parties entered into a Memorandum of Agreement as follows:

Board File No. 0441-01-OH

Ontario Public Service Employees’ Union, Mark Dugas, Colin Robertson, Cathy White, Sheila Lanktree, Richard Trotter, Cheryl Koebel, Bob Alexander, Paul Kolodziejczyk, Fred Longstreet and Peter Degan

The “Applicants”

• and -

The Crown in Right of Ontario (Ministry of Correctional Services)

The “Responding Party”.

Memorandum of Agreement and Consent Order

WHEREAS the Applicants filed an application under section 50 of the Occupational Health and Safety Act on May 4, 2001 (the “Application”);

AND WHEREAS the parties met on June 25, 2001 with a Labour Relations Officer;

AND WHEREAS the parties are desirous of resolving the issues contained in the Application;

NOW THEREFORE the parties agree as follows and request that the Board make the following agreements an Order of the Board:

1. The Responding Party agrees that it will not place letters of counsel on the “fact file” for the individual Applicants Colin Robertson, Cathy White, Sheila Lanktree, Richard Trotter, Cheryl Koebel and Bob Alexander, or that if it has done so already, the Responding Party will remove such letters of counsel recording the events of Saturday April 28, 2001.

2. Such letters of counsel are not to be referred to in any way in the future by the Responding Party, including but not limited to, for the purpose of performance appraisal review.

3. The Responding Party agrees that it will not impose any discipline of any variety on the individual Applicants Mark Dugas, Paul Kolodziejczyk, Fred Longstreet and Peter Degan arising from the events of May 2, 2001.

4. The Responding Party agrees that it will not place any letters of counsel or notation on the “fact files” of the individual Applicants Mark Dugas, Paul Kolodziejczyk, Fred Longstreet and Peter Degan recording the events of May 2, 2001 or the fact that disciplinary action had been contemplated by the Responding Party with respect to these individual Applicants.

4.5 The Parties seek leave to amend the style of cause to reflect the change from “Ministry of Solicitor General and Correctional Services” to “Ministry of Correctional Services.”

5. Based on the above agreements which are to be incorporated as an Order of the Board, the Applicants agree to seek leave of the Board to withdraw the within Application, without prejudice and without prejudice.

Dated at Milton this 25th day of June, 2001.

“illegible signature” “illegible signature”

For OPSEU For the Responding Party

“illegible signature” “Kate Karn”

For OPSEU For the Responding Party

“illegible signature”

For OPSEU

“Mark Dugas”

for Mark Dugas, represenative

for the Individual Applicants

3. Having regard to the Agreement of the parties the Board makes the following orders and directions:

(i) the style of cause is hereby amended to reflect the correct name of the responding party: “Ministry of Correctional Services”;

(ii) the Board notes the undertaking of the responding party that it will not place letters of counsel on the “fact file” for the individual applicants Colin Robertson, Cathy White, Sheila Lanktree, Richard Trotter, Cheryl Koebel and Bob Alexander, or that if it has done so already, it will remove such letters of counsel recording the events of Saturday April 28, 2001; such letters of counsel are not to be referred to in any way in the future by the responding party, including but not limited to, for the purpose of performance appraisal review;

(iii) the Board notes further the undertaking of the responding party that it will not impose any discipline of any variety on the individual applicants Mark Dugas, Paul Kolodziejczyk, Fred Longstreet and Peter Degan arising from the events of May 2, 2001;

(iv) the Board notes further the undertaking of the responding party that it will not place any letters of counsel or notation on the “fact files” of the individual applicants Mark Dugas, Paul Kolodziejczyk, Fred Longstreet and Peter Degan recording the events of May 2, 2001 or the fact that disciplinary action had been contemplated by the responding party with respect to these individual applicants;

(v) The application is withdrawn with leave of the Board.

“Patrick Kelly”

for the Board