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HomeMy WebLinkAbout2008-0239.Stockwood et al.10-09-22 Decision Commission de Crown Employees Grievance règlement des griefs Settlement 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#2008-0239 UNION#2008-0582-0028 Additional Files listed in ?Appendix ?A? IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Stockwood et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREBarry Stephens Vice-Chair FOR THE UNIONAnastasios Zafiriadis, Frank Inglis, Laura Josephson Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYER Karen Martin, Bart Nowak Ministry of Community Safety and Correctional Services Staff Relations Officers HEARINGNovember 25, 2009. - 2 - Decision [1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent. [2]The grievances relate to a number of issues associated with the introduction of HPRO to this institution. HPRO is the jointly negotiated computerized overtime distribution system for correctional officers. It is governed by a joint protocol. [3]The employees were concerned about the implementation of the system, particularly with respect to the lack of training, the availability of computers to input selections, and difficulty with entering codes to access the system. As a result, many employees drew attention to their concerns by boycotting the HPRO system for approximately three months after its introduction in February 2007. The employer used the HPRO system during the boycott, assigning overtime first to those employees who were not participating in the boycott.As most employees did participate in the boycott, most of the overtime was assigned by other means. As a result, the grievances also claim it was unreasonable for the employer to continue to use the HPRO system while the boycott was in place. [4]The employer responds that the training at the institution was consistent with what was provided elsewhere, although the protocol is silent on the issue of training. Training was - 3 - provided during regular working hours, with employees assigned to relieve those employees who were taking training. After the implementation of HPRO, administrators were available to assist employees. There were also two to four computers available in the computer room, and the employer notes that this was the same number of computers that were available and used after the boycott ended. The employer asserts that the problems with respect to codes were individual and not the fault of either the HPRO system or the employer. Finally, the employer submits that it made reasonable efforts to distribute overtime in a fair and equitable manner during the boycott, but if there was any inequity, it was caused by the decision of employees to engage in a boycott against a system that was jointly negotiated and agreed between the employer and union. [5]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed. nd Dated at Toronto this 22 day of September 2010. Barry Stephens, Vice-Chair - 4 - ?Appendix ?A? OPSEU File GSB Grievor NumberNumber Stockwood, Donald 2008-0582-0029 2008-0240 Stockwood, Donald 2008-0582-0030 2008-0241 Stockwood, Donald 2008-0582-0031 2008-0242 Coughlin Shelley 2008-0582-0122 2008-0388 Blackstone, Greg 2008-0582-0128 2008-0394 Pineau, Wayne 2008-0582-0130 2008-0457 Pineau, Wayne 2008-0582-0131 2008-0458 Schnoflak, Marcus 2008-0582-0140 2008-0467 Gareau, Conrad 2008-0582-0146 2008-0473 McArthur, Mark 2008-0582-0159 2008-1238 Mushynski, Jason 2008-0582-0165 2008-1244 Spencer, Reginald 2008-0582-0176 2008-1255 Peck, Garry 2008-0582-0178 2008-1257 Schlatman, Patricia 2008-0582-0180 2008-1259 Patrick, Samuel 2008-0582-0182 2008-1261 Mushynski, Jason 2008-0582-0183 2008-1262 Whelan, Matthew 2008-0582-0184 2008-1263 Whelan, Matthew 2008-0582-0185 2008-1264 Wynne, Beverley 2008-0582-0186 2008-1265 Fic, Sherie 2008-0582-0187 2008-1266 Pineau, Wayne 2008-0582-0191 2008-1270 Duffey, Janice 2008-0582-0198 2008-1277 Pineau, Wayne 2008-0582-0200 2008-1279 Pineau, Wayne 2008-0582-0201 2008-1280 Whelan, Matthew 2008-0582-0205 2008-1284 McPherson, Jacqueline 2008-0582-0206 2008-1285 Steenson, James 2008-0582-0208 2008-1287 Thomas, Elton 2008-0582-0209 2008-1288 Ritchie, David 2008-0582-0210 2008-1289 Fic, Sherie 2008-0582-0211 2008-1290 Duffey, Janice 2008-0582-0212 2008-1291 Ritchie, David 2008-0582-0213 2008-1292 McGarrell, Colleen 2008-0582-0214 2008-1293 Steenson, James 2008-0582-0215 2008-1294 Boyd, David 2008-0582-0239 2008-1329 Boyd, David 2008-0582-0240 2008-1330 Boyd, David 2008-0582-0241 2008-1331 Pineau, Wayne 2008-0582-0244 2008-1334 Pineau, Wayne 2008-0582-0245 2008-1335 Pineau, Wayne 2008-0582-0246 2008-1336 Pineau, Wayne 2008-0582-0247 2008-1337 Pineau, Wayne 2008-0582-0248 2008-1338 - 5 - OPSEU File GSB Grievor NumberNumber Pineau, Wayne 2008-0582-0249 2008-1339 Schlatman, Patricia 2008-0582-0254 2008-1344 Schlatman, Patricia 2008-0582-0255 2008-1345 Rumboldt, Douglas 2008-0582-0256 2008-1346 Rumboldt, Douglas 2008-0582-0257 2008-1347 Pineau, Wayne 2008-0582-0258 2008-1348 Pineau, Wayne 2008-0582-0259 2008-1349 Pineau, Wayne 2008-0582-0260 2008-1350 Rumboldt, Douglas 2008-0582-0263 2008-1353 Rumboldt, Douglas 2008-0582-0264 2008-1354 Rumboldt, Douglas 2008-0582-0265 2008-1355 Boyd, David 2008-0582-0266 2008-1356 Boyd, David 2008-0582-0267 2008-1357 Whelan, Matthew 2008-0582-0268 2008-1358 Whelan, Matthew 2008-0582-0269 2008-1359 Wynne, Beverley 2008-0582-0276 2008-1366 Wynne, Beverley 2008-0582-0277 2008-1367 Wynne, Beverley 2008-0582-0278 2008-1368 Patrick, Samuel 2008-0582-0281 2008-1371 Patrick, Samuel 2008-0582-0282 2008-1372 Wynne, Beverley 2008-0582-0285 2008-1375 Rusaw, William 2008-0582-0286 2008-1376 Thompson, James 2008-0582-0288 2008-1378 Thompson, James 2008-0582-0289 2008-1379 Thompson, James 2008-0582-0290 2008-1380 Nunnally, William 2008-0582-0291 2008-1381 Nunnally, William 2008-0582-0292 2008-1382 Nunnally, William 2008-0582-0293 2008-1383 Nunnally, William 2008-0582-0294 2008-1384 Nunnally, William 2008-0582-0295 2008-1385 Nunnally William, 2008-0582-0296 2008-1386 Nunnally, William 2008-0582-0297 2008-1387 Nunnally, William 2008-0582-0298 2008-1388 Nunnally, William 2008-0582-0299 2008-1389 Nunnally, William 2008-0582-0300 2008-1390 Nunnally, William 2008-0582-0301 2008-1391 Nunnally, William 2008-0582-0302 2008-1392 Nunnally, William 2008-0582-0303 2008-1393 Rimos, Alex 2008-0582-0323 2008-2281 Schnoflak, Marcus 2008-0582-0333 2008-2331 Hill, Robert 2008-0582-0335 2008-2333 Rimos, Alex 2008-0582-0352 2008-2709