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HomeMy WebLinkAbout2005-2783.Taylor-Baptiste et al.07-03-05 Decision Crown Employees Grievance Settlement Board Commission de reglement des griefs des employes de la Couronne Nj ~ Ontario Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2005-2783 UNION# 2005-0229-0029 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Taylor-Baptiste et al.) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer Barry Stephens Vice-Chair BEFORE Stephen Giles and Scott Andrews Grievance Officers Ontario Public Service Employees Union FOR THE UNION Pauline Jones and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services FOR THE EMPLOYER February 19,20 & 21, 2007. HEARING DEADLINE FOR WRITTEN SUBMISSIONS March 2, 2007. 2 Decision INTRODUCTION The Ministry and OPSEU have agreed to a Med-Arb Protocol, signed February 27, 2006. Although OCI is not one of the institutions covered by the protocol, the parties agreed on February 19,2007 to be bound by the terms of the protocol for this session. It is not necessary to reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase under the Protocol. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent. The parties were unable to resolve this matter in mediation. Accordingly, the matter has been referred to me as a True Mediation/Arbitration decision under the Protocol. FACTS In October 2005, the Mimico facility was looking for one or two correctional officers from a number of correctional institutions, including OCI, to work three to six month secondments. The employer states that, after consulting with the Regional Office, it decided that employees at OCI would not be offered the Mimico opportunity. The immediate reaction of many employees was, one can imagine, somewhat scatological. Like a zephyr during a heat wave, the opportunity seems to have spelled 'relief for a large number of employees at OCI. Drawn, no doubt, to the chimera of "greener grass", the 68 grievors all assert they would have been interested in transferring to Mimico. They seek a declaration, as well as compensation for the mileage and 3 travel time the two senior grievors would have incurred had they worked at Mimico for the secondment period. The employer responds that the decision to decline the Mimico opportunity at OCI was based on ongoing staffing requirements. The employer points out that the opportunities in question were not posted positions under the collective agreement, and it was a matter of management discretion as to whether they were offered to employees at OCI. DECISION The grievance is dismissed. Dated at Toronto, this 5th day of March, 2007. Barry