GSB# 2003-1318
UNION# 2003-0438-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Bowes et al.)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Tim Mulhall Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Michael Briscoe Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
August 11, 2004.
Decision
This was one of many cases dealt with by the parties on three days of mediation held on August 10-12, 2004 to deal with outstanding grievances out of the Rideau Correctional Centre. Many of those cases were resolved by way of settlements or withdrawals. Some may have to be advanced to the Board for further mediation and/or arbitration.
There were, however, a number of cases, like the instant one, which the parties agreed ought to be disposed of through the mediation/arbitration procedure contemplated under Article 22.16. To that end, the parties agreed that I ought to make a final determination on the basis of the information provided to me during the course of the mediation process. I also gave the parties a full opportunity to make submissions which I considered prior to issuing any ruling. To further expedite the process and in view of the lack of precedential value associated with this decision under the terms of Article 22.16.7, the parties asked that I not include any reasons in this decision.
This is a group grievance in which the grievors challenge the employer’s discontinuance of a practice whereby employees were permitted to carry over all unused compensating and lieu time beyond March 31 following the calendar year in which they were earned.
This change in practice was previously the subject of a policy grievance. The resolution of that grievance essentially provided for an extended transition period before the new practice became firmly established.
Despite the resolution of the prior grievance and the employer’s apparent compliance with the process contemplated therein, the instant grievors have again challenged the change in practice. The union indicates that it has “no dispute” with the employer in the context of the most recent group grievance.
Having considered the submissions of the parties, the grievance is hereby dismissed.
Dated at Toronto this 16th day of August 2004.