HomeMy WebLinkAbout2011-0919.Arnold et al.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#2011-0919, 2011-3164
UNION# 2011-0737-0004, 2011-0617-0016
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Arnold et al) Union
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The Crown in Right of Ontario
(Community Safety and Correctional Services) Employer
BEFORE Felicity Briggs Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Gary Wylie
Ministry of Government Services
Employee Relations Advisor
HEARING February 27, 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] Wayne Maynard and Gregory Arnold are Provincial Bailiffs. Each filed a
grievance alleging that the Employer has contravened the Ministry’s
Statement of Ethical Principles by failing to pay Bailiffs the attendance
target incentives paid to Correctional Officers and Youth Workers.
[3] By way of remedy each grievor requested an apology from the Minister as
well as payment of any monies received by Correctional Officers and Youth
Workers to all Bailiffs.
[4] Paragraph 5 of Appendix COR7 is entitled “absenteeism target incentives”
and provides, in certain circumstances, “lump sum payments to regular
Correctional Officers and regular Youth Workers”. The language is clear
and unequivocal and does not apply to Bailiffs.
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[5] Accordingly, the grievances are denied.
Dated in Toronto this 4th day of March 2013.
Felicity D. Briggs, Vice Chair