GSB#1093/01
Union#01C792
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Group Grievance, Andersen et al)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Correctional Services)
Employer
BEFORE Richard Brown Vice-Chair
FOR THE UNION Susan Ballantyne Counsel Raven, Allen, Cameron and Ballantyne Barristers & Solicitors
FOR THE EMPLOYER Ferina Murji Counsel Legal Services Branch Management Board Secretariat
HEARING June 10, 2002
DECISION
This group grievance was filed on behalf of seven correctional officers employed at the Rideau Correctional Centre. The grievors claimed compensation for vandalism to their vehicles which occurred in the parking lot at their workplace. The union contended that the damage was done by persons loitering in the parking lot while awaiting admission to serve intermittent sentences. According to this line of argument, the employer did not take reasonable precautions to protect the automobiles in the lot.
By way of a preliminary objection, counsel for the employer submitted the facts alleged by the grievors would not constitute a violation of the collective agreement. Counsel argued the matter grieved is not covered by the agreement. I was urged to conclude the dispute does not fall within the purview of article 22.1 which provides for the adjustment of “complaints or differences ... arising from the interpretation, application, administration or alleged contravention of this Agreement.” Counsel cited the following decisions in which an arbitrator declined to entertain a grievance dealing with a subject not governed by the collective agreement between the parties to the arbitration: McDonnell Douglas Canada Ltd. and Canadian Automobile Workers (1992), 1992 CanLII 14522 (ON LA), 27 L.A.C. (4th) 294 (Foist); York Region Roman Catholic Separate School Board and Ontario English Catholic Teacher’ Association (1995), 1995 CanLII 18436 (ON LA), 49 L.A.C. (4th) 123 (Keller); York Region Roman Catholic Separate School Board and Ontario English Catholic Teacher’ Association (1995), 1995 CanLII 18420 (ON LA), 52 L.A.C. (4th) 285 (Kaplan); Durham District School Board and Ontario Secondary School Teachers’ Federation (2000), 2000 CanLII 50223 (ON LA), 87 L.A.C. (4th) 249 (Davie); and [General Motors of Canada Ltd. and CAW-Canada (2000) 2000 CanLII 50176 (ON LA)](https://www.canlii.org/en/on/onla/doc/2000