Ontario Public Service Employees Union (Kennett) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2010 CanLII 42111

GSB#2010-0076, 2010-0077, 2010-0078, 2010-0079

UNION#2010-0108-0014, 2010-0108-0015, 2010-0108-0016, 2010-0108-0017

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kennett)

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

Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean Milloy Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

May 13, 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.

2Rick Kennett is a Correctional Officer who filed four grievances on March 1, 2010. Other than a reference to an article number, there was no “statement of the grievance” on the actual grievance forms. The circumstances that brought rise to the filing of the grievances was not made clearer by reading the settlement desired.

3It was the Employer’s assertion that there had been no Stage 2 grievance meeting held to discuss these grievances and therefore it was premature to consider the merits of the grievances at this med/arb session. Further, the parties had not agreed to waive the Step 2 grievance meeting.

4The Union did not dispute this assertion. Accordingly, I ordered the parties to hold a Stage 2 grievance meeting within thirty days of the date of the med/arb session.