GSB#2008-2989, 2008-2990, 2008-2991

UNION#2008-0411-0028, 2008-0411-0029, 2008-0411-0030

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cooper)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Laura Josephson Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

October 7, 2009.

Decision

1Mr. John Cooper, a correctional officer at Ottawa Carleton Detention Centre, grieved on November 20, 2008, that the employer wrongly denied him the right to work on October 31, November 1 and 2, 2008. The employer denied that it had violated the collective agreement.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the provisions for expedited hearings under Article 22.16.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby grant these grievances and order the employer to pay the grievor 36 hours at the standard rate of his pay.