Ontario Public Service Employees Union (Dearlove) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 66579

GSB#2008-1488

UNION#2008-0229-0007

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)

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

Frank Inglis 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.

2Mr. Rob Dearlove is a Correctional Officer who filed a grievance alleging that the Employer has violated the Collective Agreement “through its unfair, improper and prejudicial administration of the Resource Position Management Program”.

3The parties provided comprehensive facts and full submissions regarding this grievance. In the absence of allegations or evidence of bad faith, the Employer has the right to assign work so long as it does so in a manner that is consistent with the Collective Agreement provisions. In my view, the Collective Agreement was not violated and therefore the grievance is dismissed.