Ontario Public Service Employees Union (Gendron) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 76376

GSB#2007-1611, 2007-2834, 2007-2846

UNION#2007-0368-0116, 2007-0368-0150, 2007-0368-0160

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Gendron)

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

Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie 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.

2Alison Gendron filed three grievances that alleged the Employer violated the Collective Agreement by failing to schedule her to work overtime.

3The grievances are denied. There was no evidence presented by the grievor that would have me uphold the grievances.