Ontario Public Service Employees Union (Wong) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2010 CanLII 68788

GSB#2009-2063

UNION#2009-0521-0055

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Wong)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Bart Nowak Ministry of Government Services Employee Relations Division Staff Relations Officer

HEARING

October 20, 2010.

Decision

1The Employer and the Union at the Mimico Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Albert Wong is a Correctional Officer who filed a grievance alleging that the Employer has violated the Collective Agreement by failing to pay certain expenses after requesting a medical certificate.

3I have heard the facts and submissions of in this matter and I am of the view that the grievance must be denied. There has been no violation of the Collective Agreement.