HomeMy WebLinkAbout2014-4860.McArthur.16-03-30 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#2014-4860
UNION#2015-0467-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McArthur) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Sia Romanidis
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING March 22, 2016
- 2 -
Decision
[1] The Employer and the Union at the Quinte Detention Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. A number of the grievances were settled through that process.
However, this grievance remained unresolved requiring 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] Robert McArthur is a Correctional Officer at QDC who filed a grievance that
alleged the Employer violated the protocol regarding the assignment of
Community Escort Duties on January 23, 2015. In particular he alleged that he
had the highest number of “Heat” (escort hours worked) hours and should not
have been assigned escort duties that day. Further, he said that he could have
been assigned to the Admission and Discharge area because he has been
trained to work in that area.
[3] There is no dispute that the grievor had the highest number of Heat hours.
However the Employer contended that the assignment of escort duties to regular
correctional officers is “subject to local operational needs”. The Employer noted
that while the grievor has been trained in A & D he has seldom worked in that
area in the last number of years. It was the Employer assertion that given that the
day in question was a Friday – which means that there would be an influx of
intermittent inmates admitted – it was not operationally feasible to have one of
the two officers in that area on that day unfamiliar with the work routine. The
Employer provided the Board with the statistics of the A & D department for the
week in question which revealed a much higher volume of inmates being
processed through A & D. Finally, the Employer informed the Board that on
January 23, 2015 there were three different escorts to be assigned.
- 3 -
[4] I accept the Union’s view that the protocol is an important tool to be followed for
the assignment of escort duties. However, the assignment of duties to regular
correctional officers is subject to operational needs and in this instance the
Employer convinced me that its operational needs were such that assigning the
grievor was necessary.
[5] Accordingly the grievance is dismissed.
Dated at Toronto, Ontario this 30th day of March 2016.
Felicity D. Briggs, Vice Chair