HomeMy WebLinkAbout2010-1877.Paplinskie.13-03-04 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#2010-1877
UNION# 2010-0517-0044
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Paplinskie) Union
- and -
The Crown in Right of Ontario
(Community Safety and Correctional Services) Employer
BEFORE Felicity Briggs Vice-Chair
FOR THE UNION Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Gary Wylie
Ministry of Government Services
Employee Relations Advisor
HEARING February 26, 2013
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Decision
[1] The Employer and the Union agreed to participate in the Expedited
Mediation-Arbitration process in accordance with the negotiated Protocol
for grievances filed on behalf of or by Baliffs. A number 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. Shaun Paplinskie is a Correctional Officer at Toronto West Detention
Centre. He filed a grievance that alleged the Employer has violated the
Collective Agreement by denying him the opportunity to apply for a Bailiff
Backfill position.
[3] An Expression of Interest was issued in March of 2010 that asked
Correctional Officers to apply if interested in a Bailiff Backfill position. On
the document it was stated that the position were for Correctional Officers
from Vanier/Maplehurst Correctional Complex, Thunder Bay Jail, Central
East Correctional Centre and Sudbury Jail. It was noted, “Offender Transfer
Operations is seeking motivated, enthusiastic and well-organized staff to
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apply their Correctional Officer skills in the capacity of ‘Provincial Bailiff
Back-fill’ at their respective facility as identified above. A Primrary back-fill
list at each specified location shall be utilized to hire Correctional Officers
where Provincial Bailiff back-fill coverage is required.’ (emphasis mine)
[4] There is nothing in the Expression of Interest, including the qualification of
an individual’s home position that is a violation of the Collective
Agreement. The Employer is entitled to determine the work to be done
and where the work needs to be done.
[5] The grievor did not work at any of the facilities that needed Bailiff Backfill.
The Employer was not obliged to open the Expression of Interest to every
Correctional Officer in the province.
[6] Accordingly, the grievance is denied.
Dated in Toronto this 4th day of March 2013.
Felicity D. Briggs, Vice Chair