GSB#2004-3587

UNION 2004-0229-0037

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Koster)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

D.J.D. Leighton

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Victoria Fichtenbaum Ministry of Government Services Employee Relations Advisor

Greg Gledhill Ministry of Government Services Staff Relations Officer

HEARING

September 16, 2010.

Decision

1Mr. Michael Koster, a correctional officer at Stratford Jail, filed a grievance on October 21, 2004, alleging that the employer breached Article 2 of the collective agreement. The employer denied that it had 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 these matters. 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 find that there is no violation of the collective agreement and I hereby dismiss this grievance.