GSB#2008-2319, 2009-1290

UNION#2008-0368-0092, 2009-0368-0102

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Allin)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Scott Andrews, Frank Inglis Grievance Officers Ontario Public Service Employees Union

FOR THE EMPLOYER

Gary Wylie, Laura McCready, Bart Nowak Staff Relations Officers Ministry of Community Safety and Correctional Services

HEARING

March 4, 2010.

Decision

1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a "True Mediation-Arbitration" process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The grievances relate to claims by the grievor that he should have been called in for escort duty on August 5, 9 and 10, 2008, and June 27, 2009. Local police officers were used for one escort on June 27. Correctional Officers were called in under the HPro system to cover the other escorts. The employer states that the grievor is not escort trained, and that he had not indicated his availability through the HPro system.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed.