HomeMy WebLinkAbout2015-2029.Bechard.16-06-02 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#2015-2029
UNION#2015-0135-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bechard) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Buky Adeoye
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING May 31, 2016
- 2 -
Decision
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of the
grievances are normally settled pursuant to that process. However, if a grievance
remains unresolved the protocol provides that the Vice Chair of the Board, based on the
evidence provided during the mediation session, will immediately decide the grievance.
The decision will be without reasons, without precedent and prejudice and will be issued
within fifteen working days of the mediation unless the parties agree otherwise.
[2] On May 31, 2016 the parties at the South West Detention Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated protocol.
[3] On May 19, 2015 the union filed a grievance on behalf of the grievor alleging a
violation of the collective agreement and the Human Rights Code. It was alleged that
the employer used a preexisting medical condition to isolate the grievor and refuse to
place him in the appropriate classification. As a result the grievor has claimed lost
overtime opportunities.
[4] In the circumstances it is appropriate to direct the employer to pay to the grievor
twenty hours pay at the regular rate of pay in place at the applicable time.
[5] The grievance is therefore upheld in part.
Dated at Toronto, Ontario this 2nd day of June 2016
Janice Johnson, Vice Chair