HomeMy WebLinkAbout2019-1910.Johnston.21-01-14 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# 2019-1910
UNION# 2019-0229-0042
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Johnston) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Employee Relations Advisor
HEARING January 13, 2021
- 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 an Arbitrator 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 January 12 and 13, 2021 the parties at the Ontario Correctional Institute
agreed to participate in the Expedited Mediation-Arbitration process with respect to
this and other grievances in accordance with the negotiated protocol.
[3] The Grievor has restrictions requiring no inmate contact which the Employer has
accommodated by assigning him to work in the control module and not requiring
him to respond to emergencies. A utility officer covers the breaks of correctional
officers assigned to the control module, including those of the Grievor. In the
event of an emergency while the control module officer is on break, the utility
officer remains in the control module and the control module responds. As part of
his accommodation, the Grievor is not required to do so. Rather the Grievor is to
return to the control module so that the utility officer can respond instead. The
Grievor alleges this practice breaches Articles 2, 3, 9, Article COR 7 and Article
COR 12 of the collective agreement.
[4] Having considered the representations of the parties, I conclude there is no breach
of the collective agreement.
[5] Accordingly, the grievance is dismissed.
Dated at Toronto, Ontario this 14th day of January, 2021.
“Ian Anderson”
________________________
Ian Anderson, Arbitrator