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HomeMy WebLinkAbout2015-2144.Bertillo et al.17-05-31 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# 2015-2144; 2015-2145; 2015-2146; 2015-2147; 2015-2148; 2015-2149; 2015-2150; 2015-2151; 2015-2152; 2015-2153; 2015-2154; 2015-2155; 2015-2156; 2015-2157; 2015-2158; 2015-2159 UNION#2015-0229-0014; 2015-0229-0015; 2015-0229-0016; 2015-0229-0017; 2015-0229-0018; 2015-0229-0019; 2015-0229-0020; 2015-0229-0021; 2015-0229-0022; 2015-0229-0023; 2015-0229-0024; 2015-0229-0025; 2015-0229-0026; 2015-0229-0027; 2015-0229-0028; 2015-0229-0029; IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Bertillo et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Ian Anderson Vice-Chair FOR THE UNION John Wardell Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Laura McCready Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING May 25, 2017 - 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 with no or minimal reasons, be without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise. [2] On May 25, 2017 the parties at the Ontario Correctional Institute (“OCI”) agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. [3] These grievances are all identical. The Grievors are all Correctional Officers (“COs”) employed at OCI. COs may be assigned to escort prisoners outside an institution. Sometimes assignment to escort duties gives rise to an overtime. In order to perform escort duties a CO must have received a certain form of training which must be updated periodically. These grievances allege that the Employer failed to maintain the currency of the escort training of the COs in question with the result that they lost overtime opportunities in 2015. The opportunities in question were not at OCI but rather at another correctional institution. [4] Having carefully considered the representations of the parties, the grievance is denied. Dated at Toronto, Ontario this 31st day of May 2017. Ian Anderson, Vice-Chair