HomeMy WebLinkAbout2019-2736.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# 2019-2736
UNION# 2020-0229-0002
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 was scheduled to work night shifts on January 6, 7, 10, 11 and 12,
2020. He learned that he was required to attend a hearing at the Grievance
Settlement Board during the day on January 8, 2020. He requested the Employer
switch his shifts “accordingly”. The Employer switched his January 7 night shift for
a January 8 day shift, which he was then given off pursuant to the collective
agreement to attend the hearing. In the result, the Grievor did not have two
consecutive days off in the calendar week of January 6 to 12, 2020. The Grievor
alleges this is a breach of the collective agreement.
[4] Having considered the representations of the parties, I would not grant a remedy
even if there was a breach of the collective agreement.
Dated at Toronto, Ontario this 14th day of January, 2021.
“Ian Anderson”
________________________
Ian Anderson, Arbitrator