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HomeMy WebLinkAbout2019-1910.Johnston.21-01-14 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# 2019-1910 UNION# 2019-0229-0042 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Johnston) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER James Cheng Treasury Board Secretariat Employee Relations Advisor HEARING January 13, 2021 - 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 an 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] On January 12 and 13, 2021 the parties at the Ontario Correctional Institute agreed to participate in the Expedited Mediation-Arbitration process with respect to this and other grievances in accordance with the negotiated protocol. [3] The Grievor has restrictions requiring no inmate contact which the Employer has accommodated by assigning him to work in the control module and not requiring him to respond to emergencies. A utility officer covers the breaks of correctional officers assigned to the control module, including those of the Grievor. In the event of an emergency while the control module officer is on break, the utility officer remains in the control module and the control module responds. As part of his accommodation, the Grievor is not required to do so. Rather the Grievor is to return to the control module so that the utility officer can respond instead. The Grievor alleges this practice breaches Articles 2, 3, 9, Article COR 7 and Article COR 12 of the collective agreement. [4] Having considered the representations of the parties, I conclude there is no breach of the collective agreement. [5] Accordingly, the grievance is dismissed. Dated at Toronto, Ontario this 14th day of January, 2021. “Ian Anderson” ________________________ Ian Anderson, Arbitrator