GSB#2007-0422

UNION#2006-0108-0076

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Manske)

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

Karen Martin 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.

2Grant Manske is a Correctional Officer who filed a grievance alleging that the HPRO was violated because the Employer failed to offer him an overtime shift for which he was available in December, 2006.

3In response to this allegation the Employer provided documentation which indicated that he was offered the shift at issue and he refused.

4The grievor did not accept the veracity of that document. I do.

5Grievance denied.