HomeMy WebLinkAbout2009-2680.Roy.15-12-14 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#2009-2680, 2013-2724, 2014-2667, 2014-2668, 2014-2669, 2014-2670
UNION#2009-0229-0019, 2013-0229-0016, 2013-0229-0022, 2013-0229-0023,
2013-0229-0024, 2014-0229-0093
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Roy) 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 Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER David Marincola
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING December 3, 2015
- 2 -
Decision
[1] The Employer and the Union at the Ontario Correctional Institute 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 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. Barry Roy filed four grievances regarding his return to OCI after a
secondment to Toronto West Detention Centre. He was of the view that the
Employer violated various terms of the Collective Agreement because it failed to
give him two weeks notice of his return to work at OCI; failed to return him to his
own post selection in Control; failed to re-enter his name in the overtime protocol
thereby denying him many overtime opportunities; and failed to allow him to
switch two Paid Holidays with a co-worker thereby denying him the opportunity of
receiving holiday pay. In all, the grievor believed that he was entitled to
approximately ten thousand dollars in losses.
[3] There was much discussion between the parties regarding these grievances. The
grievor provided some emails and other documents and the Employer also
disclosed certain facts and documents regarding the grievor’s return to OCI.
[4] After hearing the facts and reviewing the documents and submissions of the
parties I am of the view that all of the grievances must be dismissed. I accept the
Employer’s explanations of what occurred at the time of the grievor’s
reintegration to OCI.
[5] I think it is useful to set out the specifics as to why the grievances are being
dismissed. First, the grievor was informed months in advance of the exact time
his extended secondment would end. The Employer did send a letter via courier
- 3 -
to his home to remind him of the end of his secondment, but he had been
previously told.
[6] A review of the documents revealed that it is true that he was not immediately
returned to his selected post but this was as the result of an accommodation for
another employee. Further, there was a December 2, 2011 Memorandum of
Agreement that sated that any Correctional Officer “seeking a Control Utility
assignment must be now be escort trained.” The grievor’s training had lapsed.
The parties later determined that this training was not required for work in the
Control area and the grievor was returned to his post.
[7] The Employer did not allow the grievor to switch shifts with another coworker on
Christmas and Boxing Day because the other employee had already requested
and received the time off. Accordingly, she was not scheduled to work the days
that the grievor wanted to switch.
[8] Finally, the grievor contended that he lost overtime as the result of not being put
back into HPRO. The documents supported the Employer’s contention that Mr.
Roy was in the HPRO system and from the period of July to December of 2013
the grievor worked the following amount of overtime as compared to the average
Correctional Officer overtime:
Month Mr. Roy Average CO
July 92 hours 28.5 hours
August 54 hours 34.4 hours
September 40 hours 45 hours
October 12 hours 33.8 hours
November 72 hours 36.8 hours
December 48 hours 44 hours
[9] For those reasons, the grievances are dismissed.
Dated at Toronto, Ontario this 14th day of December 2015.
Felicity D. Briggs, Vice Chair