GSB# 2005-3567

UNION# 2006-0517-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Beausoleil)

Union

• and -

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

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Scott Andrews Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Faith Crocker Staff Relations Officer Ministry of Community Safety and Correctional Services

HEARING

May 17, 2006.

Decision

The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to an “True Mediation-Arbitration” process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase, although the vice-chair has the discretion to request further information or documentation. Arbitration decisions are issued in accordance with article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent.

The grievance in this case relates to Rosell Beausoleil. Ms. Beausoleil was a former employee of the OPS working at the Barrie Jail from 1999 until it was decommissioned in 2001. When she left the Barrie Jail, she had reached level 2 on the pay grid. She then took a job with at CNCC, which was at the time privately managed, and not part of the OPS. In 2003, Ms. Beausoleil applied to MWDC, and was offered a position, starting a pay level 3. She grieves two aspects of her re-hire. First, she states that other employees were hired at MWDC from CNCC at the same time as her, and, although they had no prior OPS experience, they stated at level 3. Second, she states that she was required to complete a medical examination and engage in an application process, while others, even others from outside the OPS were “hired over the phone.” She seeks a further two year increase to her wages, to level 5.

The employer responds that Ms. Beausoleil was rehired according to its policy, which may require a new medical for returning employees, depending on the length of time they have been outside the OPS. It provided documentation for all employees hired by the ministry during the period in question, which indicated that all employees were required to provide an recent medical. The employer also states that, as Ms. Beausoleil had severed her employment in 2001, it was under no obligation to offer her any advanced standing on the wage scale.

After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed.

Dated at Toronto, this 23^rd day of May, 2006.