HomeMy WebLinkAbout2021-1305.Union-.23-01-13 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# 2021-1305; 2021-2584
UNION# 2021-0999-0024; 2021-0999-0030
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Rebecca Jones
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Justin O'Gorman
Treasury Board Secretariat
Legal Services Branch
Employee Relations Advisor
HEARING January 11, 2023
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Decision
[1] When a union grievance alleging that the employer had violated article 1.7 of the
collective agreement came before me for arbitration on January 11, 2023, the
parties agreed to attempt to resolve it through mediation.
[2] Following mediation the parties agreed to the following terms:
GSB No. 2021-1305; 2021-2584
OPSEU No. 2021-0999-0024; 2021-0999-0030
In the Matter of a Grievance Arbitration
BETWEEN:
Ontario Public Service Employees Union
(“Union”)
- and -
THE CROWN IN RIGHT OF ONTARIO
(Ministry of the Solicitor General)
(“Employer”)
WHEREAS Article 1.7 of the OPSEU Correctional Bargaining Unit Collective Agreement,
January 1, 2018 to December 31, 2021, (“Collective Agreement”) states that: “Upon
written request to the Employer, the Union shall be provided with a copy of any position
description (whether inside or outside of the bargaining unit). This information shall be
provided within twenty (20) working days of the request”.
AND WHEREAS the Union made a written request to the Employer for the following
position description reports on June 25, 2021:
• Hairdressing Instructor (Hairdressing Instructor)
• Registered Practical Nurse (Registered Practical Nurse 2)
• General Duty Nurse (Nurse 2, General)
• Addiction Nurse (Nurse 2, General)
• Mental Health Nurse (Mental Health Nurse)
• Senior Nurse (Nurse 3, General)
• Assistant Health Care Manager
• Health Care Manager
AND WHEREAS the Union made a written request to the Employer for the following
position description reports on October 1, 2021:
• Maintenance Mechanic (Facilities Mechanic/Facilities Technician 1)
• Maintenance Mechanic (Facilities Mechanic/Facilities Technician 2)
• Maintenance Mechanic & Plant Operator (Facilities Mechanic/Facilities
Technician 3)
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• Maintenance Mechanic (Facilities Mechanic/Facilities Technician 1)
AND WHEREAS the Employer concedes that it failed to respond to each of the above-
noted requests within twenty (20) working days of the request;
AND WHEREAS the Union filed Grievance #2021-0999-0024, GSB 2021-1305, for the
Employer’s failure to provide the Union with a copy of the position descriptions within
twenty (20) working days of the request on June 25, 2021;
AND WHEREAS the Union filed Grievance #2021-0999-0030, GSB 2021-2584, for the
Employer’s failure to provide the Union with a copy of the position descriptions within
twenty (20) working days of the request on October 1, 2021;
AND WHEREAS the above-noted grievances were referred to arbitration and scheduled
for hearing with Arbitrator Nimal Dissanayake on January 11, 2023;
NOW THEREFORE the parties have agreed to the following Consent Order being
issued by the Grievance Settlement Board:
1. T The Employer acknowledges a violation of Article 1.7 of the Collective Agreement.
2. The Parties agree that the Health Care Manager (Social Services 33) position
description remains outstanding. The Employer agrees to provide the Union with the
position description by February 28, 2023, unless the Parties agree to extend this
deadline.
3. The Union has requested the position description for Addiction Nurse (Nurse 2,
General). The Employer will provide the position description or confirm to the Union
that the position description is General Duty Nurse (Nurse 2, General) by February
28, 2023, unless the Parties agree to extend this deadline. The Union reserves the
right to contest the usage of the General Duty Nurse (Nurse 2, General) position
description for the Addiction Nurse position.
4. The Employer agrees to comply with Article 1.7 of the Collective Agreement.
5. The Parties agree to refer the process for written requests of position descriptions
under Article 1.7 of the Collective Agreement to the Solicitor General – Corrections
Ministry Employee Relations Committee.
6. This Consent Order fully and finally resolves Grievances 2021-1305 and 2021-2584.
7. The Parties agree that Arbitrator Dissanayake shall remain seized in the event that
there are any difficulties with regard to the enforcement, implementation or
interpretation of this Consent Order.
8. The Board hereby declares that this Consent Order is binding on the parties.
Dated the 11th day of January 2023
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[3] I agreed to the joint request of the parties that the foregoing agreed terms be issued
as a consent order of the Board.
[4] Accordingly, the agreed upon terms set out above shall constitute an order of the
Board and will have the same force and effect of a Board order.
[5] In accordance with the agreement of the parties, I remain seized.
Dated at Toronto, Ontario this 13th day of January 2023.
“Nimal Dissanayake”
Nimal Dissanayake, Arbitrator