GSB#2009-3108

UNION#2010-0234-0012

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Heathcote)

Union

• and -

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

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Scott Andrews, Laurie Sabourin, Tim Mulhall Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Sean Milloy, Victoria Fichtenbaum, Karen Martin Ministry of Community Safety and Correctional Services Staff Relations Officers

HEARING

September 21, 2010.

Decision

1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The individual grievance in this case relates to the grievor’s objection to the employer’s practices around the hiring of retired CO’s.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that there has been no breach of the collective agreement and the grievance should be dismissed.