GSB#2008-0741

UNION#2008-0642-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Derby)

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

Brian Scott Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

March 31, 2010.

Decision

1The Employer and the Union at the Monteith Correctional Complex 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.

2Brian Derby is a Correctional Officer who grieved that the Employer violated the Collective Agreement by failing to schedule him to work on March 21, 2008 which was Good Friday, a paid holiday.

3Contrary to the grievor’s view, there is no entitlement to work on a Paid Holiday under the terms and provisions of the Collective Agreement.

4Accordingly, the grievance is denied.