HomeMy WebLinkAbout2009-2818.Buxton et al.20-01-13 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# 2009-2818; 2012-2447; 2012-2502; 2012-4754; 2013-0134; 2013-0135; 2013-0544; 2013-
3180; 2013-3181; 2015-1522; 2015-2589; 2016-1259; 2016-1260; 2017-2976; 2017-3049;
2018-0913
UNION# 2009-0368-0174; 2012-0368-0145; 2012-0642-0044; 2013-0642-0009; 2013-0368-0038;
2013-0368-0039; 2013-0642-0017; 2013-0368-0157; 2013-0368-0158; 2015-0642-0025;
2015-0252-0008; 2014-0252-0008; 2014-0252-0009; 2017-0369-0022;
2017-0616-0013; 2018-0252-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Buxton et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Daniel Harris
Arbitrator
FOR THE UNION
Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING
January 7, 2020
-2-
DECISION
[1] Offenders incarcerated at Provincial correctional institutions on occasion require
community based services such as attendance at hospitals.
[2] The parties executed a Memorandum of Settlement dated July 11, 2004 relating
to community escorts. The MOS also incorporated Appendix A (Revised March
22, 2005). Both documents are applicable to the instant matters.
[3] The Union has filed grievances relevant to the implementation of the MOS and
Appendix A (Revised Mach 22, 2005).
[4] Appendix A (Revised March 22, 2005) sets out the sequential procedure
institutions must follow for the assignment of community escorts.
[5] The Parties presented a number of questions to be addressed by the Grievance
Settlement Board. The Parties have agreed to the following consent order being
issued.
[6] I hereby order the following:
Question 1: Is the Employer obligated to utilize Classified Correctional
officers to perform Community Escorts prior to utilizing
Unclassified / FXT Correctional Officers?
The Employer is obligated to utilize Classified Correctional Officers
prior to utilizing Fixed-Term Correctional Officers to perform
community escorts to the extent required pursuant to Appendix A
(Revised March 22, 2005).
Question 2: Is the Employer allowed to bypass the protocol and assign the
same Staff to continuously perform escorts?
Pursuant to Appendix A (Revised March 22, 2005) the Employer is
not allowed to by-pass the protocol and therefore cannot assign the
same staff to continuously perform community escorts.
-3-
Question 3: Can the Employer hire Police Services to perform the escort
when Correctional Staff are available to perform the
assignment?
The Employer cannot hire Police Services to perform a community
escort where Correctional staff are available, pursuant to Appendix
A (Revised March 22, 2005), to perform the assignment.
Question 4: Is the Employer required to assign escort duties to COs
according to the lowest number of community escort hours?
Community Escort duties must be assigned to Correctional Officers
with the lowest number of community escort hours as outlined in
the sequence contained in Appendix A (Revised March 22, 2005).
[7] The above is subject to operational needs which may be identified in Appendix A
(Revised March 22, 2005).
[8] Having issued this order I remain seized of all issues arising out of these
grievances.
Dated at Toronto, Ontario this 13th day of January, 2020.
“Daniel Harris”
______________________
Daniel Harris, Arbitrator