GSB#2008-0494, 2008-0498, 2008-0499, 2008-0500, 2008-0501, 2008-1226, 2008-3094,

2009-2610, 2009-2609, 2009-2611, 2009-2612, 2009-2613, 2009-2614

UNION#2008-0440-0012, 2008-0440-0016, 2008-0440-0017, 2008-0440-0018,

2008-0440-0019, 2008-0440-0039, 2008-0440-0048, 2009-0440-0038, 2009-0440-0037,

2009-0440-0039, 2009-0440-0040, 2009-0440-0041, 2009-0440-0042

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dales)

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

Anastasios Zafiriadis, Frank Inglis & Laura Josephson Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Gary Wylie & Bart Nowak Ministry of Community Safety and Correctional Services Staff Relations Officers

HEARING

February 4, 2010.

Decision

1Mr. Robert Dales, a correctional officer in the Ministry, filed multiple grievances between February 29, 2008 and October 5, 2009, alleging that the employer breached the collective agreement with regard to overtime, management rights and health and safety. The employer denied that it had violated the collective agreement.

2The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with these matters. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the policy of the parties for expedited hearings under Article 22.16.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby grant the grievances in part. The Ministry is hereby ordered to pay the grievor twelve (12) hours at the overtime rate. The grievor shall remain assigned to the St. Lawrence Valley Correctional and Treatment Centre (SLVCTC) and shall be assigned permanently, to the next available position at the SLVCTC.