HomeMy WebLinkAbout2015-2144.Bertillo et al.17-05-31 Decision
Crown 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# 2015-2144; 2015-2145; 2015-2146; 2015-2147; 2015-2148; 2015-2149;
2015-2150; 2015-2151; 2015-2152; 2015-2153; 2015-2154;
2015-2155; 2015-2156; 2015-2157; 2015-2158; 2015-2159
UNION#2015-0229-0014; 2015-0229-0015; 2015-0229-0016; 2015-0229-0017;
2015-0229-0018; 2015-0229-0019; 2015-0229-0020; 2015-0229-0021;
2015-0229-0022; 2015-0229-0023; 2015-0229-0024; 2015-0229-0025;
2015-0229-0026; 2015-0229-0027; 2015-0229-0028; 2015-0229-0029;
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bertillo et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Ian Anderson Vice-Chair
FOR THE UNION John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Laura McCready
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING May 25, 2017
- 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 with no or minimal
reasons, be without precedent and prejudice and will be issued within fifteen
working days of the mediation unless the parties agree otherwise.
[2] On May 25, 2017 the parties at the Ontario Correctional Institute (“OCI”) agreed
to participate in the Expedited Mediation-Arbitration process in accordance with
the negotiated protocol.
[3] These grievances are all identical. The Grievors are all Correctional Officers
(“COs”) employed at OCI. COs may be assigned to escort prisoners outside an
institution. Sometimes assignment to escort duties gives rise to an overtime. In
order to perform escort duties a CO must have received a certain form of training
which must be updated periodically. These grievances allege that the Employer
failed to maintain the currency of the escort training of the COs in question with
the result that they lost overtime opportunities in 2015. The opportunities in
question were not at OCI but rather at another correctional institution.
[4] Having carefully considered the representations of the parties, the grievance is
denied.
Dated at Toronto, Ontario this 31st day of May 2017.
Ian Anderson, Vice-Chair