HomeMy WebLinkAbout1999-0730.Capstick et al.07-03-29 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec, : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 1999-0730
UNION# 1998-0108-0022
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
DEADLINE FOR
SUBMISSIONS
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Capstick et al.)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Stephen Giles and Marie Thomson
Grievance Officers
Ontario Public Service Employees Union
Rena Khan and Gary Wylie
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
March 15,2007
March 20,2007.
Union
Employer
Vice-Chair
2
Decision
INTRODUCTION
The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. Although the Elgin-
Middlesex Detention Centre is not formally covered by the protocol, the parties agreed at the
outset that the protocol would apply to the session held March 13 - 15, 2007. 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
The grievors were all unclassified CO's at the time of the grievance. They all worked in areas
outside of the Young Offenders section of the institution. They were experiencing difficulty
getting 40 hours of work per week, and wished to receive training in order to be qualified to
work shifts in the Young Offenders section. The grievors all allege that the employer did not
offer to pay for the cost of Young Offender training for them, although this had been done for
other employees. The employer responds that there was at the time no collective agreement
obligation to pay for such training. When training was required to meet operational needs, it was
paid for by the employer. However, operational needs did not require young offenders training
3
for all CO's. In addition, the training provided to CO's by the employer was in-house training,
not the training at Bell Cairn training centre. The employer affirmed that it treats the Bell Cairn
young offenders training the same as the Costart Basic training, i.e. employees who were
interested in receiving the young offender training upgrade would have been given a leave of
absence without pay in order to attend, but the employees would have been expected to pick up
the costs.
DECISION
The grievance is dismissed.
Dated at Toronto, this 29th day of March, 2007.
Barry