HomeMy WebLinkAbout2016-2340 Montgomery et al.17-08-02 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#2016-2340, 2016-2337, 2016-2338, 2016-2384, 2016-2434, 2016-2524, 2016-2583, 2016-2586, 2016-2937
UNION#2016-5112-0150, 2016-5112-0147, 2016-5112-0148, 2016-5112-0158, 2016-5112-0159, 2017-5112-0002, 2017-5112-0013, 2017-5112-0016, 2017-5112-0043
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN Ontario Public Service Employees Union (Montgomery et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs Arbitrator
FOR THE UNION John Wardell
Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER James Cheng Treasury Board Secretariat
Centre for Employee Relations Employee Relations Advisor
HEARING May 18, June 28, 2017
- 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] Katherine Montgomery and eight other Correctional Officers filed grievances
alleging various provisions of the Collective Agreement have been violated by the
Employer including COR. 13.6 by denying requests for particular days off utilizing
their compensating time off earned from working Paid Holidays. According to the
Union in each instance the requests were made more than thirty days in advance
and were denied which is in direct contravention of the Collective Agreement.
[3] The Employer did not take issue with the facts as set out by the Union.
[4] These grievances were discussed over the course of two med/arb sessions.
Additionally, this is the second time that this dispute has come before this Board.
[5] The Employer urged that the singular reason for the denial of some Correctional
Officer requests for specific days off has been operational requirements. It
contended that in order to maintain the necessary institutional number of
Correctional staff not every request for time off could be granted.
[6] The Union notes that there is no restriction to this right set out in the Collective
Agreement and asks the Board to declare – again – that the Collective
Agreement has been violated.
[7] After considering the facts and provisions of the Collective Agreement I so
declare.
- 3 -
[8] To that extent, the grievances are upheld.
Dated at Toronto, Ontario this 2nd day of August 2017.
Felicity D. Briggs, Arbitrator