Ontario Public Service Employees Union (Stephenson/Mentor) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 66581

Grievance Settlement Board

GSB#2008-2713, 2008-2714 UNION#2008-0229-0015, 2008-0229-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Stephenson/Mentor)

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

Victoria Fichtenbaum 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.

2Shelley Stephenson and Allan Mentor are Correctional Officers who filed grievances alleging a violation of the Collective Agreement because they were not paid overtime rates for training while others were. The grievors, unlike some others, had sufficient notice of a schedule change to avoid the payment of overtime rates for this training.

3Accordingly, the grievances are denied.