Ontario Public Service Employees Union (Taylor) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 76375

GSB#2007-1299

UNION#2007-0368-0094

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Taylor)

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

Laura Josephson Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Brian Scott Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

October 22, 2009.

DECISION

1The Employer and the Union at the Central East Correctional Centre 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.

2Vicki Taylor is an unclassified Correctional Officer who filed a grievance that alleged she should have been paid at overtime rates for hours worked in excess of forty.

3After considering the facts and submissions of the parties, I am of the view that in the very peculiar circumstances of this case there is no violation of the Collective Agreement.