Ontario Public Service Employees Union (Jackel) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 66595

GSB#2009-1341

UNION#2009-0369-0088

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Jackel)

Union

• and -

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

Employer

BEFORE

Brian Keller

Vice-Chair

FOR THE UNION

Anastasios Zafiriadis, Scott Andrews, Laura Josephson Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Karen Martin, Bart Nowak Ministry of Community Safety and Correctional Services Staff Relations Officers

HEARING

October 14, 2009.

Decision

1The 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 a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The grievance in this case relates to holiday pay.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. However, I must add that it would only be fair and reasonable for the employer to make its employees aware of their expectations in situations such as this.