HomeMy WebLinkAbout2017-2587.Cobb et al.18-02-23 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#2016-2587
UNION#2017-5112-0017
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cobb et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE D.J.D. Leighton Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING January 18, 2018
-2-
Decision
[1] A group grievance (Gord Cobb, et al) was filed on behalf of 210 grievors,
Correctional Officers at the Toronto South Detention Centre in February 2017.
The grievance claims, that the employer has violated the collective agreement
specifically, Articles 2, 3, and COR. 8.0, by:
“Condensing the mandatory 5 week training module and permitting
Officers to work on the floors and accrue overtime without being fully
trained. Thereby disadvantaging any and all previous Officers who
were required to attend a mandatory 5 week training course, and were
not permitted to work overtime before being fully deployable.”
The union submitted that this change in practice must, in effect, be applied
retroactively, and the grievors should be awarded compensation for lost overtime
opportunities that would have been available during their mandatory training
course, when they were not permitted to work overtime.
[2] The employer takes the position that there is no evidence to support a breach of
the collective agreement and the decision to change the practice was within the
reasonable exercise of managements rights.
[3] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with this matter and asked that I issue a
decision without precedent or prejudice, and without written reasons.
[4] Consequently, having carefully considered the submissions of the parties, as well
as the jurisprudence of the Board, I hereby deny this grievance.
Dated at Toronto, Ontario this 23rd day of February, 2018.
“D.J.D. Leighton”
D.J.D. Leighton, Arbitrator