HomeMy WebLinkAbout2001-0062.Rainhard et al.20-08-10 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# 2001-0062; 2001-0066; 2001-0067; 2001-0068; 2001-0070; 2002-3236; 2003-2169;
2004-3396; 2005-2498
UNION# 2001-0521-0006; 2001-0521-0002; 2001-0521-0004; 2001-0521-0005; 2001-0521-0010;
2002-0359-0047; 2000-0359-0024; 2005-0119-0003; 2005-0582-0116
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rainhard et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Ken Petryshen
Arbitrator
FOR THE UNION
Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER George Parris
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING August 5, 2020 (via teleconference call)
-2-
DECISION
[1] This matter involves a number of grievances filed by employees in different
classifications who claim entitlement to the Custodial Responsibility Allowance (“CRA”).
This proceeding has been ongoing for some time. The parties had agreed to focus first
on whether individuals employed as Electronic Monitoring Officers (“EMOs”) are entitled
to the CRA and addressed this issue by proceeding in the following way. The Union
filed particulars setting out the duties and responsibilities of the six EMOs and the
parties made submissions at a hearing on whether the EMOs were entitled to the CRA
based on the Union’s best case as reflected in the particulars. The Employer’s
objections to the grievances were put aside for the time being. After considering the
submissions made by counsel, I determined that the six EMOs were not entitled to the
CRA.
[2] This then left for determination the grievances filed by employees claiming
entitlement to the CRA who were employed in other jobs. I discussed this matter with
counsel during a conference call on April 24, 2017. It was agreed that the outstanding
grievances would be addressed in a manner similar to the way the grievances of the six
EMOs had been addressed. The only difference was that the outstanding grievances
would be addressed by written submissions.
[3] Given that counsel for the Union has changed, counsel took the opportunity
to further discuss the process for addressing the outstanding grievances during the
conference call held on August 5, 2020. The Union has filed a brief with particulars
setting out the duties and responsibilities of employees occupying the following
positions: Temporary Absence Pass Officers/Coordinators; Classification Officers;
Intermittent Coordinators; Library Technician 3; Grounds/Maintenance Worker;
Cleaners 2; Cook 2; and Laundry Worker 3. The Union’s written submissions are also
included in the brief. At this stage, it will be assumed that the particulars accurately
reflect the duties and responsibilities of these positions. The Employer has agreed to
file its written submissions by no later than October 16, 2020. The Union will then have
until November 6, 2020, to file written reply submissions. Once the written submissions
-3-
are completed, I will be in a position to review them and provide the parties with a
decision.
[4] Since the original group of CRA grievances was filed, additional grievances
of a similar nature have been filed. I understand the Union has an interest in advancing
the additional grievances soon and that Union counsel will contact Employer counsel to
discuss process issues.
Dated at Toronto, Ontario this 10th day of August, 2020.
“Ken Petryshen”
______________________
Ken Petryshen, Arbitrator