HomeMy WebLinkAbout2018-3919.Patirani.21-02-24 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# 2018-3919; 2018-3936
UNION# 2018-0616-0013; 2018-0616-0016
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Patirani) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE
EMPLOYER
Daniel DiCroce
Treasury Board Secretariat
Employee Relations Advisor
HEARING February 9 and 10, 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 North Bay Jail agreed to participate in
the Expedited Mediation-Arbitration process with respect to this and other grievances
in accordance with the negotiated protocol.
[3] The two grievances addressed by this decision are essentially duplicative as they
were both filed by the same grievor in relation to the same set of facts.
[4] The parties have entered into a local agreement with respect to the scheduling of
fixed term employees. The preface to the agreement provides the scheduling
practices adopted by the Employer “shall … provide Fixed Term Correctional Officers
[FXT COs] a two week work schedule that is fair and equitable in the distribution of
available hours”. Paragraph 2 of the agreement provides: “The employer agrees to
distribute all shifts fairly and equitably to all fixed term staff. The initial assignments
of hours will be determined by using their respective start dates. All subsequent
assignments will be issued as per HPRO.”
[5] On November 2, 2018, the Grievor was scheduled for a two week period in
accordance with the local agreement. On that schedule, the Grievor and five other
FXT COs (the “five other FXT COs”) were scheduled to work a T7:30 on November
24. The Employer had assigned the Grievor to back fill the post of a regular CO
scheduled for training on that shift. On November 6, the training session for the
regular CO was cancelled. As a result the Grievor was advised that his November 24
-3-
shift was cancelled. This meant that as of November 6, the Grievor was scheduled to
work 12 hours in the week of November 24 while the five other FXT COs were
scheduled to work from 24 to 32 hours. The Union grieves this is in breach of the
local scheduling agreement, in particular paragraph 2, and seeks 12 hours pay at
straight time. Subsequently, on November 23, the Grievor was offered a T7:30 shift
on November 24 and failed to respond.
[6] Having considered the representations of the parties, the grievances are denied.
Dated at Toronto, Ontario this 24th day of February, 2021.
“Ian Anderson”
_____________________
Ian Anderson, Arbitrator