GSB# 2002-2095

UNION# 2002-0999-0028

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union Grievance)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Scott Andrews Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Greg Gledhill Staff Relations Officer Ministry of Community Safety and Correctional Services

HEARING

March 7, 2005.

Decision

On January 27^th 2005, I issued an award regarding certain questions that arose between the parties resulting from the recent announcement concerning St. Lawrence Valley Correctional and Treatment Centre. On pages 5 and 6 I was asked to address certain questions regarding employees who worked at the Rideau Correctional and Treatment Centre. On page 6 of that decision I incorrectly cited a letter that was sent to employees of Brockville Jail, not the letter sent to employees at the Rideau Correctional and Treatment Centre.

Notwithstanding that transcription error, the answer to the question was properly determined and set out. In an effort to ensure there is no confusion, I now set out the whole of the second question with the appropriate letter in this clarifying decision as follows:

Question #2

What is the home position of employees who:

(a) worked at the Rideau Correctional and Treatment Centre and

(b) was surplussed at the Rideau Correctional and Treatment Centre, and

(c) were assigned to a position at St. Lawrence Valley, and

(d) are temporarily assigned to other facilities at this time.

Answer Question #2

Again, the answer is that the home position for these employees is St. Lawrence Valley Correctional and Treatment Centre. In early 2004, employees who elected to make use of their Article 20 rights received a letter similar, if not identical to the following:

In accordance with Article 20 of the OPSEU Collective Agreement you have chosen to exercise your redeployment entitlements.

As a result, please be advised that there currently are no vacancies within 40 km of your permanent work site to which you can be assigned. However, a vacancy beyond 40 km of your work site has been identified as follows:

Position Title: General Duty Officer

Classification: Correctional Officer 2

Work Location: St. Lawrence Valley Correctional & Treatment Centre

Superintendent: Ms. Marg Welch

If you accept this assignment you will be notified at a later date as to the effective date of this assignment.

Please indicate your decision regarding direct assignment to a vacancy beyond 40 km at the St. Lawrence Valley Correctional & Treatment Centre by signing on the appropriate space below. You must return a signed copy of this letter to me by Thursday, February 5, 2004.

Dated in Toronto this 8^th day of March, 2005.