GSB# 2005-2760

UNION# 2005-0234-0078

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

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

January 27, 2006.

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 union grieved after a Correctional Officer worked an extended shift of 18 hours, exceeding the 16-hour maximum agreed between the parties. The 16-hour maximum can only be exceeded in emergency circumstances, but no emergency was declared during the shift in question.

The employer responds that it had experienced difficulty filling the shift due to the number of employees on sick leave and a hospital escort.

After reviewing the submissions of the parties and the collective agreement, I find that the employer breached the 16-hour maximum in a non-emergency situation, and I so declare. The union did not seek any relief beyond this declaration.

Dated at Toronto, this 27^th day of February, 2006.