GSB#2009-0301

UNION#2008-0411-0041

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ostler)

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

Frank Inglis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING SUBMISSIONS

October 7, 2009. October 26, 2009.

Decision

1Mr. Jeffrey Ostler, a correctional officer at Ottawa Carleton Detention Centre, grieved on September 22, 2008 that he should be given a full time position in the regular service. The employer submitted that a MERC agreement governs the conversion of correctional officers and the grievance should be dismissed.

2The parties referred this grievance to mediation/arbitration in accordance with their protocol to expedite cases and Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to decide this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the board, I hereby dismiss this grievance.