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HomeMy WebLinkAbout2011-2761.Johnstone.12-01-06 Decision Crown Employees rieva nce Settlement oard 1Z8 l. (416) 326-1388 x (416) 326-1396 t des griefs es employés de la t Z8 l. : (416) 326-1388 léc. : (416) 326-1396 UNION#2011-0224-0008 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD ETWEEN G B Suite 600 180 Dundas St. West Toronto, Ontario M5G Te Commission de règlemen d Couronne Bureau 600 180, rue Dundas Oues Toronto (Ontario) M5G 1 Té Té Fa GSB#2011-2761 B Ontario Public (Johnstone) Union (Ministry of Community Safety and Correctional Services) Employer Service Employees Union - and - The Crown in Right of Ontario BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION ice Employees Union FOR THE EMPLOYER Laura Josephson Ontario Public Serv Grievance Officer s s Sean Milloy Ministry of Government Service Centre for Employee Relation Employee Relations Advisor HEARING December 2, 2011. - 2 - Decision [1] The Employer and the Union at the Owen Sound Jail agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. [2] Mr. Paul Johnstone filed a grievance that alleges the Employer violated the Collective Agreement and a Memorandum of Agreement signed through the MERC process regarding the closure of the jail. [3] In the MERC Memorandum of Agreement, the parties agreed that fixed term Correctional Officers who were willing to go to Toronto Intermittent Centre (“T.I.C.”) would be paid $2,000. [4] Mr. Johnstone is not a fixed term Correctional Officer. Further, he is going to Hamilton Detention Centre. However, he was of the view that it was unfair to provide a monetary benefit to some Correctional Officers and not others. [5] The grievance is denied. There is no violation of the Collective Agreement or the Memorandum of Agreement. Further, in my view it is not unfair that one classification of employee would receive benefits that are not offered to others. Indeed, there can be no question that classified Correctional Officers enjoy a number of entitlements not afforded to fixed term Correctional Officers. Dated at Toronto this 6th day of January 2012. Felicity D. Briggs, Vice-Chair