HomeMy WebLinkAbout2021-0852.Chahal.21-11-03 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2021-0852
UNION# 2021-0252-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Chahal) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Alex Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Victoria Tsiaras
Treasury Board Secretariat
Employee Relations Advisor
HEARING October 28, 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] The Grievor is the Food Services Supervisor at the Niagara Detention Centre
(“NDC”). This is a bargaining unit position. Her duties include scheduling related
functions for approximately four other kitchen staff and other duties as assigned.
There are four other related departments at NDC: laundry, maintenance, cleaning
and stores. Maintenance has its own “supervisor”. Laundry, cleaning and stores,
each of which has only one employee, do not. The Grievor has been assigned
scheduling related functions in relation to the other four departments. She grieves
this is in violation of the collective agreement.
[3] Having considered the representations of the parties, the grievances are denied.
Dated at Toronto, Ontario this 3rd day of November 2021.
“Ian Anderson”
______________________
Ian Anderson - Arbitrator