HomeMy WebLinkAbout2008-0239.Stockwood et al.10-09-22 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2008-0239
UNION#2008-0582-0028
Additional Files listed in ?Appendix ?A?
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Stockwood et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREBarry Stephens Vice-Chair
FOR THE UNIONAnastasios Zafiriadis, Frank Inglis,
Laura Josephson
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Karen Martin, Bart Nowak
Ministry of Community Safety and
Correctional Services
Staff Relations Officers
HEARINGNovember 25, 2009.
- 2 -
Decision
[1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a
?True Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions,
which include the facts and authorities each relies upon. This decision is issued in accordance
with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
[2]The grievances relate to a number of issues associated with the introduction of HPRO to
this institution. HPRO is the jointly negotiated computerized overtime distribution system for
correctional officers. It is governed by a joint protocol.
[3]The employees were concerned about the implementation of the system, particularly with
respect to the lack of training, the availability of computers to input selections, and difficulty
with entering codes to access the system. As a result, many employees drew attention to their
concerns by boycotting the HPRO system for approximately three months after its introduction
in February 2007. The employer used the HPRO system during the boycott, assigning overtime
first to those employees who were not participating in the boycott.As most employees did
participate in the boycott, most of the overtime was assigned by other means. As a result, the
grievances also claim it was unreasonable for the employer to continue to use the HPRO system
while the boycott was in place.
[4]The employer responds that the training at the institution was consistent with what was
provided elsewhere, although the protocol is silent on the issue of training. Training was
- 3 -
provided during regular working hours, with employees assigned to relieve those employees who
were taking training. After the implementation of HPRO, administrators were available to assist
employees. There were also two to four computers available in the computer room, and the
employer notes that this was the same number of computers that were available and used after
the boycott ended. The employer asserts that the problems with respect to codes were individual
and not the fault of either the HPRO system or the employer. Finally, the employer submits that
it made reasonable efforts to distribute overtime in a fair and equitable manner during the
boycott, but if there was any inequity, it was caused by the decision of employees to engage in a
boycott against a system that was jointly negotiated and agreed between the employer and union.
[5]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievances should be dismissed.
nd
Dated at Toronto this 22 day of September 2010.
Barry Stephens, Vice-Chair
- 4 -
?Appendix ?A?
OPSEU File GSB
Grievor
NumberNumber
Stockwood, Donald 2008-0582-0029 2008-0240
Stockwood, Donald 2008-0582-0030 2008-0241
Stockwood, Donald 2008-0582-0031 2008-0242
Coughlin Shelley 2008-0582-0122 2008-0388
Blackstone, Greg 2008-0582-0128 2008-0394
Pineau, Wayne 2008-0582-0130 2008-0457
Pineau, Wayne 2008-0582-0131 2008-0458
Schnoflak, Marcus 2008-0582-0140 2008-0467
Gareau, Conrad 2008-0582-0146 2008-0473
McArthur, Mark 2008-0582-0159 2008-1238
Mushynski, Jason 2008-0582-0165 2008-1244
Spencer, Reginald 2008-0582-0176 2008-1255
Peck, Garry 2008-0582-0178 2008-1257
Schlatman, Patricia 2008-0582-0180 2008-1259
Patrick, Samuel 2008-0582-0182 2008-1261
Mushynski, Jason 2008-0582-0183 2008-1262
Whelan, Matthew 2008-0582-0184 2008-1263
Whelan, Matthew 2008-0582-0185 2008-1264
Wynne, Beverley 2008-0582-0186 2008-1265
Fic, Sherie 2008-0582-0187 2008-1266
Pineau, Wayne 2008-0582-0191 2008-1270
Duffey, Janice 2008-0582-0198 2008-1277
Pineau, Wayne 2008-0582-0200 2008-1279
Pineau, Wayne 2008-0582-0201 2008-1280
Whelan, Matthew 2008-0582-0205 2008-1284
McPherson, Jacqueline 2008-0582-0206 2008-1285
Steenson, James 2008-0582-0208 2008-1287
Thomas, Elton 2008-0582-0209 2008-1288
Ritchie, David 2008-0582-0210 2008-1289
Fic, Sherie 2008-0582-0211 2008-1290
Duffey, Janice 2008-0582-0212 2008-1291
Ritchie, David 2008-0582-0213 2008-1292
McGarrell, Colleen 2008-0582-0214 2008-1293
Steenson, James 2008-0582-0215 2008-1294
Boyd, David 2008-0582-0239 2008-1329
Boyd, David 2008-0582-0240 2008-1330
Boyd, David 2008-0582-0241 2008-1331
Pineau, Wayne 2008-0582-0244 2008-1334
Pineau, Wayne 2008-0582-0245 2008-1335
Pineau, Wayne 2008-0582-0246 2008-1336
Pineau, Wayne 2008-0582-0247 2008-1337
Pineau, Wayne 2008-0582-0248 2008-1338
- 5 -
OPSEU File GSB
Grievor
NumberNumber
Pineau, Wayne 2008-0582-0249 2008-1339
Schlatman, Patricia 2008-0582-0254 2008-1344
Schlatman, Patricia 2008-0582-0255 2008-1345
Rumboldt, Douglas 2008-0582-0256 2008-1346
Rumboldt, Douglas 2008-0582-0257 2008-1347
Pineau, Wayne 2008-0582-0258 2008-1348
Pineau, Wayne 2008-0582-0259 2008-1349
Pineau, Wayne 2008-0582-0260 2008-1350
Rumboldt, Douglas 2008-0582-0263 2008-1353
Rumboldt, Douglas 2008-0582-0264 2008-1354
Rumboldt, Douglas 2008-0582-0265 2008-1355
Boyd, David 2008-0582-0266 2008-1356
Boyd, David 2008-0582-0267 2008-1357
Whelan, Matthew 2008-0582-0268 2008-1358
Whelan, Matthew 2008-0582-0269 2008-1359
Wynne, Beverley 2008-0582-0276 2008-1366
Wynne, Beverley 2008-0582-0277 2008-1367
Wynne, Beverley 2008-0582-0278 2008-1368
Patrick, Samuel 2008-0582-0281 2008-1371
Patrick, Samuel 2008-0582-0282 2008-1372
Wynne, Beverley 2008-0582-0285 2008-1375
Rusaw, William 2008-0582-0286 2008-1376
Thompson, James 2008-0582-0288 2008-1378
Thompson, James 2008-0582-0289 2008-1379
Thompson, James 2008-0582-0290 2008-1380
Nunnally, William 2008-0582-0291 2008-1381
Nunnally, William 2008-0582-0292 2008-1382
Nunnally, William 2008-0582-0293 2008-1383
Nunnally, William 2008-0582-0294 2008-1384
Nunnally, William 2008-0582-0295 2008-1385
Nunnally William, 2008-0582-0296 2008-1386
Nunnally, William 2008-0582-0297 2008-1387
Nunnally, William 2008-0582-0298 2008-1388
Nunnally, William 2008-0582-0299 2008-1389
Nunnally, William 2008-0582-0300 2008-1390
Nunnally, William 2008-0582-0301 2008-1391
Nunnally, William 2008-0582-0302 2008-1392
Nunnally, William 2008-0582-0303 2008-1393
Rimos, Alex 2008-0582-0323 2008-2281
Schnoflak, Marcus 2008-0582-0333 2008-2331
Hill, Robert 2008-0582-0335 2008-2333
Rimos, Alex 2008-0582-0352 2008-2709