HomeMy WebLinkAbout2015-2929.Manna.16-05-31 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#2015-2929
UNION#2015-5112-0251
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Manna) 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 Caroline Markiewicz
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING May 10, 2016
- 2 -
Decision
[1] The Employer and the Union at the Toronto South Detention Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated Protocol. A number of the grievances were settled through that
process. However, this grievance remained unresolved requiring 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] Mark Manna and approximately thirty other Correctional Officers grieved that the
Employer violated various provisions of the Collective Agreement by failing to
grant requested compensating time off that was requested more than one month
in advance. By way of remedy the grievors requested compensation and an
additional compensating day off for each violation.
[3] The Employer conceded that there have been instances where compensating
time off which has been requested by Correctional Officers more than a month in
advance has been denied. It did not dispute that such denials are violations of
the Collective Agreement but urged that operational requirements were such that
it was necessary to refuse the requests.
[4] While I appreciate the Employer’s assertion that operational requirements were
the cause of the refusals, the Collective Agreement provides that compensating
time off may be taken in conjunction with an employee’s vacation or regular day
off if requested one month in advance. Unlike others in the Collective Agreement,
this provision is not subject to operational requirements.
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[5] Accordingly, I declare that the Collective Agreement has been breached.
However, I deny the other remedial requests of the grievors.
Dated at Toronto, Ontario this 31st day of May 2016.
Felicity D. Briggs, Vice Chair