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HomeMy WebLinkAbout2012-1031.Mayer.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# 2012-1031 UNION# 2011-0617-0018 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Mayer) 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 27, 2013 -2 - 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 Bailiffs. 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] Serge Mayer is a Correctional Officer in Sudbury who, at one time, worked as a backfill for Bailiffs. On January 31, 2011, he filed a grievance that alleges “the Employer has denied me the opportunity to work as a Provincial Bailiff Backfill by contravening the HPRO policy” as well as the collective agreement. By way of remedy he want “full restitution of all prior and future Bailiff Duties”. [3] Notwithstanding how individuals were chosen for Bailiff Backfill duty previously, in March of 2010 the Employer posted an expression of interest for Correctional Officers who wanted to be utilized as Bailiff Backfill. According to the grievor, he applied a day late for this expression of interest. [4] The Employer raised the issue of timeliness regarding this grievance but was content to have it decided on the merits. -3 - [5] After having reviewed the documentation, including the expression of interest, and after a consideration of the submissions, I am of the view that there is no violation of the collective agreement or any other ancillary document. [6] The grievance is dismissed. Dated in Toronto this 4th day of March 2013. Felicity D. Briggs, Vice Chair