HomeMy WebLinkAbout2017-3591.Cochrane.19-01-25 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# 2017-3591
UNION# 2018-0229-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cochrane) 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
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill / Samantha Gray
Treasury Board Secretariat
Employee Relations Advisor / Labour
Relations Intern
HEARING November 7, 2018
-2-
DECISION
[1] Mr. Chris Cochrane, a Correctional Officer 2 at Ontario Correctional Institute,
filed a grievance on January 11, 2018, alleging that the employer breached
Articles 2, 3, 14, and COR 5 of the collective agreement. The union alleges that
management should not have deducted 24 hours of the grievor’s pay because he
did not attend training off site. The grievor alleges he attended at the location on
both days but there was no one there. The employer submitted that the training
went forward at the location designated and the grievor did not attend. Therefore,
it submitted that there had been no breach of the collective agreement.
[2] 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. They asked that I issue
a decision without precedent or prejudice, and without written reasons.
[3] Having carefully considered the evidence put before me including documents
submitted by the union, the submissions of the parties on the grievance, as well
as the jurisprudence of the Board, I hereby deny the grievance.
Dated at Toronto, Ontario this 25th day of January, 2019.
“D.J.D. Leighton”
______________________
D.J.D. Leighton, Arbitrator