GSB#2009-3060

UNION#2010-0642-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bobula)

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

Karen Martin 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.

2Katherine Bobula is a Registered Nurse. She grieved that the Employer violated the Collective Agreement in its calculations of hours attributed to her for time spent attending a conference in October of 2009. Amongst other submissions made, it was the grievor’s view that Article 7.1 – Training Assignments - of Article 10 – Work Arrangements (Compressed Work Week Arrangements) do not apply in this situation.

3It was the Employer’s position that it properly applied this provision and balanced the hours of the grievor.

4I agree with the Employer and the grievance is denied.