GSB#2009-3044, 2010-0154

UNION#2010-0368-0002, 2009-0368-0201

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Elchesyn)

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

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

June 8 & 9, 2010.

Decision

1Mr. Dustin Elchesyn a correctional officer with the Ministry, grieved on December 18, 2009 and January 9, 2010 that the employer breached the collective agreement. The employer submitted that it had not violated the collective agreement.

2The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the policy of the parties for expedited hearings under Article 22.16.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby grant the grievances. The employer shall expunge the discipline from the grievor’s file and restore the lost pay. Further, the employer shall forthwith pay the grievor 36 hours at the overtime rate.