HomeMy WebLinkAbout2012-3852.Heinrich.16-09-13 Decision
Crown 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#2012-3852
UNION#2012-0252-0034
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Heinrich) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING September 8, 2016
- 2 -
Decision
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of the
grievances are normally settled pursuant to that process. However, if a grievance
remains unresolved the protocol provides that the Vice Chair of the Board, based on the
evidence provided during the mediation session, will immediately decide the grievance.
The decision will be without reasons, without precedent and prejudice and will be issued
within fifteen working days of the mediation unless the parties agree otherwise.
[2] The parties at Niagara Detention Centre agreed to participate in the Expedited
Mediation-Arbitration process in accordance with the negotiated protocol. The expedited
Mediation-Arbitration took place on September 7 and September 8, 2016.
[3] The grievor filed a grievance dated September 27, 2012 claiming that the Employer
violated the collective agreement by paying the Community Corrections Officer position
located at Elgin Middlesex Detention Centre on the basis of a forty hour week when she
was classified as a Rehabilitation Officer and paid on the basis of a 37 hour work week.
[4] The position at Elgin Middlesex was being filled on a temporary basis by a
Corrections Officer who normally worked and was paid for a forty hour week.
[5] After having carefully considered the submissions of the parties I have concluded
that there has been no breach of the collective agreement and the grievance is
dismissed.
Dated at Toronto, Ontario this 13th day of September 2016
Janice Johnston, Vice Chair