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HomeMy WebLinkAbout2012-0504.Sipila.13-07-09 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#2012-0504 UNION#2010-0368-0176 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sipila) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Joseph D. Carrier Vice-Chair FOR THE UNION Jackie Crawford and Laura Josephson Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYER Laura McCready and Antoinette Karner Ministry of Government Services Centre for Employee Relations Employee Relations Advisors HEARING June 25, 2013 - 2 - Decision [1] The grievance of Ms. Jennifer Sipila was referred to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement between OPSEU (The Union) and the Ontario Crown, Ministry of Community Safety and Correctional Services (M.C.S.C.S., The Employer). There was no challenge to my jurisdiction to hear and rule on the matter. Further, the Parties requested the decision be issued on a without precedent or prejudice basis, and without extensive reasons. [2] Ms. Jennifer Sipila a Correctional Officer at the Lindsay Correctional facility grieved that, for the 2009 period, she was improperly denied her Incentive Allowance which is provided for in an Appendix to the Collective Agreement, COR7-Special Adjustments. [3] The Incentive Allowance is, in essence, a good attendance bonus which is an earned team or group benefit. Where the average absenteeism for the group during a set time frame does not exceed a designated target, each member of the group is entitled to an incentive allowance. [4] In the case here, Ms. Sipila’s home position continued to be that of a regular Correctional Officer during the relevant time frame; however, she was, nonetheless, temporarily on secondment or assignment to the position of Discharge Planner. That is a different classification which entails different duties from those of a Corrections Officer and enjoys a different wage scale. As such she was not included in the group of Correctional Officers whose absences were counted for the purposes of determining the average attendance for the relevant time frame. - 3 - [5] It is my view, that, since she was in the classification and treated as a Discharge Planner and not a member of the group of Correctional Officers (C.O.) included in that calculation, it would be inappropriate to consider her as eligible or entitled to share in the attendance bonus earned by the C.O. group during the relevant time frame. [6] This is consistent with a finding of Vice-Chair Abramsky who found that: “……..Appendix COR7 cannot be read to include hours away from work on leaves or secondments”. (see GSB File #2010-0405, May 20, 2011 at paragraph 32 (R. Abramsky) [7] In the circumstances, the grievance is dismissed. Dated at Toronto, Ontario this 9th day of July 2013. Joseph D. Carrier, Vice-Chair