HomeMy WebLinkAbout2017-2694.Campbell.18-02-27 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#2017-2694
UNION# 2017-0368-0511
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Campbell) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING February 26, 2018
-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 Arbitrator 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] February 26, 2018 the parties at the Central East Correctional Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated protocol.
[3] The Grievor applied for an acting COM1 position. This is an acting manager
position, outside of the bargaining unit. Applicants are given two weeks in class
training followed by one week on the floor training shadowing someone who
holds the position. The Grievor missed two days during the in class training
period and was not permitted to proceed to the on the floor training period. The
Grievor asserts that he missed the days as a result of a disability and as a result
the Employer has breached its duty to accommodate.
[4] Whatever the merits to the Grievor’s allegation, his complaint is not with respect
to a position covered by the collective agreement. Accordingly, I am without
jurisdiction to address it.
[5] The grievance is denied.
Dated at Toronto, Ontario this 27th day of February 2018.
“Ian Anderson”
Ian Anderson, Arbitrator