HomeMy WebLinkAbout2009-0035.Zibritovsky.13-12-09 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#2009-0035, 2009-1449
UNION#2009-0517-0035, 2009-0517-0091
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Zibritovsky) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sia Romanidis
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING December 3, 2013
- 2 -
Decision
[1] The Employer and the Union at the Toronto West Detention Centre 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 grievances
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] Stan Zibritovsky is a Correctional Officer who filed two grievances alleging that the
Employer has violated the Collective Agreement because of its application of the
Attendance Support Program.
[3] Specifically it was alleged by the grievor that other correctional facilities around the
Province are not being held to the same standard as is being applied at TWDC. He asserted
that Correctional Officers at other institutions in Toronto could be absent without penalty
or consequence while he and other Correctional Officers at TWDC were subject to the
program.
[4] The grievances must be dismissed. The ASMPP is in effect and being applied throughout
the Province. There are no exceptions and therefore no Correctional Officers are being
treated differently.
Dated at Toronto, Ontario this 9th day of December 2013.
Felicity D. Briggs, Vice-Chair