GSB#2007-1278

UNION#2007-0119-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Eisenmenger)

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, Anastasios Zafiriadis, Laurie Sabourin Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Sean Milloy, Victoria Fichtenbaum Ministry of Government Services Employee Relations Division Staff Relations Officers

HEARING

June 15, 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 grievor alleges that his roll-over to permanent status should be backdated as a result of the employer’s failure to properly staff the jail, and a violation of the RPM agreement. The employer responds that there is nothing in the collective agreement that requires them to maintain specific staffing on specific shifts, and that the staffing at the time was consistent with an agreement reached with the Ministry of Labour and the OLRB with respect to a prior health and safety issue raised by union members.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed.