HomeMy WebLinkAbout2011-2761.Johnstone.12-01-06 Decision
Crown Employees
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l. (416) 326-1388
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léc. : (416) 326-1396
UNION#2011-0224-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
ETWEEN
G
B
Suite 600
180 Dundas St. West
Toronto, Ontario M5G
Te
Commission de
règlemen
d
Couronne
Bureau 600
180, rue Dundas Oues
Toronto (Ontario) M5G 1
Té
Té
Fa
GSB#2011-2761
B
Ontario Public
(Johnstone) Union
(Ministry of Community Safety and Correctional Services) Employer
Service Employees Union
- and -
The Crown in Right of Ontario
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION
ice Employees Union
FOR THE EMPLOYER
Laura Josephson
Ontario Public Serv
Grievance Officer
s
s
Sean Milloy
Ministry of Government Service
Centre for Employee Relation
Employee Relations Advisor
HEARING December 2, 2011.
- 2 -
Decision
[1] The Employer and the Union at the Owen Sound Jail agreed to participate in the
Expedited Mediation-Arbitration process in accordance with the negotiated Protocol.
Most of the grievances were settled through that process. However, a few remained
unresolved and therefore require a decision from this Board. The Protocol provides that
decisions will be issued within a relatively short period of time after the actual mediation
sessions and will be without reasons. Further, the decision is to be without prejudice and
precedent.
[2] Mr. Paul Johnstone filed a grievance that alleges the Employer violated the Collective
Agreement and a Memorandum of Agreement signed through the MERC process
regarding the closure of the jail.
[3] In the MERC Memorandum of Agreement, the parties agreed that fixed term
Correctional Officers who were willing to go to Toronto Intermittent Centre (“T.I.C.”)
would be paid $2,000.
[4] Mr. Johnstone is not a fixed term Correctional Officer. Further, he is going to Hamilton
Detention Centre. However, he was of the view that it was unfair to provide a monetary
benefit to some Correctional Officers and not others.
[5] The grievance is denied. There is no violation of the Collective Agreement or the
Memorandum of Agreement. Further, in my view it is not unfair that one classification
of employee would receive benefits that are not offered to others. Indeed, there can be no
question that classified Correctional Officers enjoy a number of entitlements not afforded
to fixed term Correctional Officers.
Dated at Toronto this 6th day of January 2012.
Felicity D. Briggs, Vice-Chair