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HomeMy WebLinkAbout2006-2182.Lee.08-11-13 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB#2006-2182 UNION#2006-0368-0182 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Lee) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Frank Inglis Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie Staff Relataions Officer Ministry of Community Safety and Correctional Services HEARINGNovember 5, 2008. 2 Decision [1]The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Many of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, in accordance with the Protocol, this decision is to be without prejudice and precedent. [2]James Lee is a Correctional Officer who filed a grievance that alleged the Employer failed to comply with its own Community Escort Policy for a period of approximately eighteen months. He asserted that he is qualified to act in the capacity of Escort and, as a result of the Employer?s violation, he missed numerous overtime opportunities. [3]The Employer conceded that in the period of time at issue the policy was not consistently applied. However, in the Employer?s view, not all of the shifts for which the grievor claims missed overtime opportunities were assigned to any employee. To be clear, it was the Employer?s position that is has the sole discretion to determine whether to backfill a position and therefore not every instance when a Correctional Officer was assigned Escort Duty would have resulted in an additional Correctional Officer being called in to work overtime. [4]Regarding remedy the Union provided an estimate of possible shifts missed by the grievor. The Employer challenged that number for a number of reasons including its right to determine whether to backfill a position. [5]By all accounts the Employer has not followed the Escort Policy and that should not continue. I understand that the parties are discussing prospective application of the policy and I encourage those discussions. 3 [6]I accept that the grievor would have been offered some overtime as a result of the Policy breach but cannot agree to the Union?s figures. In my view, the Employer should pay the grievor an amount of $1600 for those lost opportunities. While I appreciate this is a ?rough and ready? calculation regarding the appropriate remedy, I am confident that it is reasonable given these facts. [7]I remain seized in the event of implementation difficulties. th Dated at Toronto this 13 day of November, 2008. Felicity D. Briggs, Vice-Chair