GSB# 2004-1099
UNION# 2004-0234-0337
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Davidson)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Stephen Giles Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Rena Khan Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
December 13, 2005.
Decision
The parties agreed to an Expedited Mediation-Arbitration Protocol for the Maplehurst Correctional Complex. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to an expedited process wherein each party provides the vice-chair with written submissions, which include the facts and authorities the party intends to rely upon, one week prior to the hearing. At the hearing, oral evidence is not called, although the vice-chair is permitted to request further information or documentation. In addition, if it becomes apparent to the vice-chair that the issues involved in a particular case are of a complex or significant nature, the case may be taken out of the expedited process and processed through “regular” arbitration. Although individual grievors often wish to provide oral evidence at arbitration, the process adopted by the parties provides for a thorough canvassing of the facts prior to the hearing, and leads to a fair and efficient adjudication process. Arbitration decisions are issued in accordance with article 22.16 of the collective agreement and, therefore, are without precedent.
The grievor was assigned to work from 1500 to 2300 on April 24, 2004. During her shift she was asked to stay until 0700 the next day. She declined, stating that she had been up since 0730 that day, and had to go home in order to care for her children. Later, the employer declared an emergency situation and the grievor was required to stay beyond her shift. The grievor managed to find child care for her children overnight.
After reviewing the submissions of the parties and the collective agreement, I order the grievor should be awarded $200.00 in damages.
Dated at Toronto, this 16th day of February, 2006.