HomeMy WebLinkAbout2012-1031.Mayer.13-03-04 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2012-1031
UNION# 2011-0617-0018
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mayer) Union
- and -
The Crown in Right of Ontario
(Community Safety and Correctional Services) Employer
BEFORE Felicity Briggs Vice-Chair
FOR THE UNION Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Gary Wylie
Ministry of Government Services
Employee Relations Advisor
HEARING February 27, 2013
-2 -
Decision
[1] The Employer and the Union agreed to participate in the Expedited
Mediation-Arbitration process in accordance with the negotiated Protocol
for grievances filed on behalf of or by Bailiffs. A number of the grievances
were settled through that process. However, a few remained unresolved
and therefore require a decision from this Board. The Protocol provides
that decisions will be issued within a relatively short period of time after
the actual mediation sessions and will be without reasons. Further, the
decision is to be without prejudice and precedent.
[2] Serge Mayer is a Correctional Officer in Sudbury who, at one time, worked
as a backfill for Bailiffs. On January 31, 2011, he filed a grievance that
alleges “the Employer has denied me the opportunity to work as a
Provincial Bailiff Backfill by contravening the HPRO policy” as well as the
collective agreement. By way of remedy he want “full restitution of all
prior and future Bailiff Duties”.
[3] Notwithstanding how individuals were chosen for Bailiff Backfill duty
previously, in March of 2010 the Employer posted an expression of interest
for Correctional Officers who wanted to be utilized as Bailiff Backfill.
According to the grievor, he applied a day late for this expression of
interest.
[4] The Employer raised the issue of timeliness regarding this grievance but
was content to have it decided on the merits.
-3 -
[5] After having reviewed the documentation, including the expression of
interest, and after a consideration of the submissions, I am of the view that
there is no violation of the collective agreement or any other ancillary
document.
[6] The grievance is dismissed.
Dated in Toronto this 4th day of March 2013.
Felicity D. Briggs, Vice Chair