GSB#2003-3694

UNION#2004-0108-0041

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Jackson)

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

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean Milloy Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

January 26, 2010.

Decision

1The Employer and the Union at the Elgin Middlesex Detention 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.

2At the time of the filing of this grievance, Ainslie Jackson was an Unclassified Correctional Officer. She alleged that while she was being trained at Bell Cairn she was told that she would be working forty hours every week. That “promise” has not been kept she says and that is a violation of the Collective Agreement.

3I was provided with a document of employment that contemplated the status and hours of the grievor at the time of the grievance. The document makes clear that the grievor understood that her contract would be “under the same terms of employments” as the OPSEU Collective Agreement.

4There is nothing in the Collective Agreement that guarantees forty hours of work per week to unclassified employees. Further, a comment made by some individual not in authority at Bell Cairn is insufficient to bestow this right on the grievor. It is unfortunate if the grievor viewed that conversation as a promise. The fact that she did so does not allow me to find in her favour.

5Accordingly, the grievance is denied.