HomeMy WebLinkAbout2016-1303.Barrieau et al.22-01-24 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2016-1303; 2016-1864; 2016-2372; 2016-2386; 2016-2385
UNION# 2016-0247-0019; 2016-0247-0026; 2016-0247-0029;
2017-0247-0002; 2071-0247-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Barrieau et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Brian P. Sheehan
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Justin O’Gorman
Treasury Board Secretariat
Employee Relations Advisor
HEARING January 18, 2022 (by video conference)
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DECISION
[1] The Employer and the Union at the Bradford Jail agreed to participate in the
Expedited Mediation/Arbitration process in accordance with the negotiated
Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that
the parties have agreed to a True Mediation/Arbitration process wherein each
party provides the Arbitrator with their submissions setting out the facts and the
authorities they respectively will rely upon. This decision is issued in accordance
with the Protocol and with Article 22.16 of the collective agreement; and it is
without prejudice or precedent.
[2] These grievances relate to the Brantford Jail, which, ostensibly, was permanently
closed as of the end of 2017.
Grievor Union File GSB File
(Barrieau et al) 2016-0247-0019 2016-1303
(Prince et al) 2016-0247-0026 2016-1864
(Ozimec et al) 2016-0247-0029 2016-2372
(Prince et al) 2017-0247-0002 2016-2386
(Morris et al) 2017-0247-0001 2016-2385
[3] The grievances generally relate to a pilot project with respect to the introduction
of the E-Roster scheduling system undertaken by the Employer at the Brantford
Jail.
[4] The subject matters addressed in the grievances include general allegations of
short staffing and a failure to backfill positions as well as the breaching of the
overtime protocol and the escort protocol, a lack of transparency associated with
the E-Roster system, and a failure to schedule FXT employees two weeks in
advance.
[5] The Employer acknowledges that issues did arise associated with the
introduction of the E-Roster scheduling system at the Brantford Jail. In certain
-3-
circumstances, those issues may have given rise to a potential finding that there
had been a violation of the collective agreement. In terms of remedy, the Union is
seeking the issuance of a declaration(s) that the Employer violated the collective
agreement. Given the nature of the issues involved and the passage of time, it is
my view that it would not serve any labour relations purpose to issue declaratory
relief even if there was a finding of a violation of the collective agreement.
[6] Against that background, the above grievances are, hereby, dismissed.
Dated at Toronto, Ontario this 24th day of January 2022.
“Brian P. Sheehan”
______________________
Brian P. Sheehan, Arbitrator