GSB# 2005-3467
UNION# 2005-0337-0029
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Spicer)
Union
- and -
The Crown in Right of Ontario (Ministry of Children and Youth Services)
Employer
BEFORE
Reva Devins
Vice-Chair
FOR THE UNION
Stephen Giles Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Nicholas Sapp Employee Relations Advisor Ministry of Children and Youth Services
HEARING
May 2, 2006.
Decision
The parties have agreed to an expedited mediation-arbitration process to resolve grievances at the Brookside Youth Centre in Cobourg. Although a formal protocol has not been finalized, the parties have agreed to attempt to settle matters at mediation and, if mediation is not successful, to refer appropriate cases to expedited arbitration. The parties specifically agree that the Vice Chair can hear the matter under Article 22.16 of the collective agreement and that the decision will be without prejudice or precedent.
In this case, the grievance asserts that allocated assignments were improperly determined on the basis of gender. The grievor seeks compensation by way of premium pay for shifts he claims were improperly reassigned.
The parties agree that it is not appropriate for the employer to consider an individual’s gender in determining whether they are qualified to perform the normal duties of a Youth Service Officer (“YSO”). Consequently, YSO’s should not be assigned or reassigned on the basis of gender, subject only to certain operational requirements of the facility such as the performance of search and escort duties.
With respect to the grievor’s request for “performance or premium pay”, having considered the submissions of the parties, I find that there is no entitlement to premium pay in the circumstances of this case.
The grievance is dismissed.
Dated at Toronto this 8th day of May 2006