Ontario Public Service Employees Union (Dearlove/Ireland) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 66570

GSB#2007-1005, 2007-1058

UNION#2007-0229-0009, 2007-0229-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dearlove/Ireland)

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

Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Brian Scott Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

October 8, 2009.

DECISION

1The Employer and the Union at the Ontario Correctional Institute agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Daphne Ireland and Alison Dearlove (with a group of others) are Correctional Officers who filed grievances alleging that the Employer violated the Collective Agreement resulting in improper merit pay calculations.

3I was provided with a fulsome outline of the facts and I heard submissions in this regard.

4Having considered the arguments put forward by the parties I am of the view that I must deny the grievances.