HomeMy WebLinkAbout2017-1532.Cygler et al.19-01-25 DecisionCrown Employees
Grievance Settlement
Board
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180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
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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# 2017-1532
UNION# 2017-0229-0021
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cygler et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Laura McDonald
Treasury Board Secretariat
Employee Relations Advisor
HEARING November 7, 2018
-2-
DECISION
[1] In this matter, Cygler, (Group), employees in the Social Work Program at Ontario
Correctional Institute, filed a grievance on August 2, 2017, alleging that the
employer breached Articles 1,2, 3, 6, 8, 22 of the collective agreement, essentially
arguing that management was doing bargaining unit work and therefore denying
bargaining unit members overtime opportunities. The Employer denied that there
was any violation of the collective agreement and expressly denied any wrong
doing of any sort. The Employer acknowledged that discharge planning is OPSEU
bargaining unit work.
[2] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with this matter. They asked that I issue
a decision without precedent or prejudice, and without written reasons.
[3] The Employer acknowledged that discharge planning is OPSEU bargaining unit
work. Having carefully considered the evidence put before me, the submissions
of the parties on the grievance, as well as the jurisprudence of the Board, I hereby
affirm that discharge planning for inmates is bargaining unit work and this
declaration disposes of the grievance.
Dated at Toronto, Ontario this 25th day of January, 2019.
“D.J.D. Leighton”
______________________
D.J.D. Leighton, Arbitrator