GSB# 2004-1225, 2004-1226
UNION# 2004-0411-0052, 2004-0411-0053
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Pierre)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Loretta Mikus
Vice-Chair
FOR THE UNION
Scott Andrews Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Lucy Neal Senior Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
September 10, 2004.
Decision
The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievances dated June 13, 2004 involve a management rights/disciplinary matter. The Union seeks that the grievor be certified as a use-of-force instructor.
At the outset of the hearing, the parties agreed that I exercise my jurisdiction to decide this matter, and requested that I issue a decision, without reasons.
Having carefully reviewed the evidence presented and the submissions of the parties, I hereby direct the Employer to complete the certification training that is outstanding (ASP-baton training-4 days) for the use-of-force instructor as soon as practical. The grievor will then be permitted to resume his regular instructor duties.
I shall remain seised should the parties encounter any difficulties arising in the implementation of this order.
Accordingly, the aforementioned grievances are resolved.
Dated at Toronto this 20th day of September 2004.