HomeMy WebLinkAbout2015-0392.Haring.19-02-27 DecisionCrown 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# 2015-0392; 2015-0393; 2015-0394; 2015-0395; 2015-0396
UNION# 2015-0234-0060; 2015-0234-0061; 2015-0234-0062; 2015-0234-0063; 2015-0234-
0064
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Haring) 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 Veronica Connors
Treasury Board Secretariat
Employee Relations Advisor
HEARING January 22, 2019
-2-
DECISION
[1] Ms. Debbie Haring, a Correctional Officer 2 at Maplehurst Correctional Complex,
filed five grievances on February 24, 2015, alleging that the employer breached
Articles 2, 3, of the collective agreement. The grievances in substance allege the
same complaint:
I grieve that the Crown Employees Bargaining Act under sections 30,
31, 32, 33 and 34 inclusive is illegal and the employer is knowingly
violating Ontario Public Servants rights by knowingly violating the
organizing principle of good faith and attempting to violate workers’
rights by ordering an “essential services contract” as deemed by the
Supreme Court of Canada to be illegal.
The remedy sought is full redress and all entitlements under the collective
agreement.
[2] The employer submitted that the board has no jurisdiction to review the essential
services agreement between the parties. However, if there was jurisdiction, the
agreement was to provide a minimal work force during a strike, and since there is
no right to strike under the new collective agreement the issue is moot. Further,
the grievances have not been filed within time limits, being some 13 years late.
Lastly, there has been no breach of the collective agreement.
[3] 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.
[4] Having carefully considered, the submissions of the parties on the grievances, as
well as the jurisprudence of the Board, I hereby deny the grievances.
Dated at Toronto, Ontario this 27th day of February. 2019.
“D.J.D. Leighton”
______________________
D.J.D. Leighton, Arbitrator