GSB#2009-1488

UNION#2009-0678-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Malkki et al)

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 and Laurie Sabourin Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Greg Gledhill and Karen Martin Ministry of Community Safety and Correctional Services Staff Relations Officers

HEARING

May 27, 2010.

Decision

1Three Nurse 2’s working at Algoma Treatment and Remand Centre grieved on July 2, 2009 that the employer violated the Institutional and Health Care classification pay scale. They grieved further that there is no policy or procedure to place fixed term nurses on the pay grid according to their education and experience. The employer took the position that there had been no breach of the collective agreement and salary placement on the grid is negotiated when a nurse is hired.

2At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter and they asked that I issue a decision without written reasons and without prejudice and precedent, in accord with the policy and provisions for expedited hearings under Article 22.16 of the collective agreement.

3Having carefully considered the submissions of the parties, and the jurisprudence of the Board, I find that there is no evidence of a breach of the collective agreement. Thus, I hereby dismiss this group grievance.