GSB#2008-0239
UNION#2008-0582-0028
Additional Files listed in “Appendix “A”
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Stockwood et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Anastasios Zafiriadis, Frank Inglis,
Laura Josephson
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Karen Martin, Bart Nowak
Ministry of Community Safety and Correctional Services
Staff Relations Officers
HEARING
November 25, 2009.
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 grievances relate to a number of issues associated with the introduction of HPRO to this institution. HPRO is the jointly negotiated computerized overtime distribution system for correctional officers. It is governed by a joint protocol.
3The employees were concerned about the implementation of the system, particularly with respect to the lack of training, the availability of computers to input selections, and difficulty with entering codes to access the system. As a result, many employees drew attention to their concerns by boycotting the HPRO system for approximately three months after its introduction in February 2008. The employer used the HPRO system during the boycott, assigning overtime first to those employees who were not participating in the boycott. As most employees did participate in the boycott, most of the overtime was assigned by other means. As a result, the grievances also claim it was unreasonable for the employer to continue to use the HPRO system while the boycott was in place.
4The employer responds that the training at the institution was consistent with what was provided elsewhere, although the protocol is silent on the issue of training. Training was provided during regular working hours, with employees assigned to relieve those employees who were taking training. After the implementation of HPRO, administrators were available to assist employees. There were also two to four computers available in the computer room, and the employer notes that this was the same number of computers that were available and used after the boycott ended. The employer asserts that the problems with respect to codes were individual and not the fault of either the HPRO system or the employer. Finally, the employer submits that it made reasonable efforts to distribute overtime in a fair and equitable manner during the boycott, but if there was any inequity, it was caused by the decision of employees to engage in a boycott against a system that was jointly negotiated and agreed between the employer and union.
5After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed.
Dated at Toronto this 3^rd^ day of November 2010.
“Appendix “A”
Grievor
OPSEU File Number
GSB Number
Brown, Linda
2008-0582-0013
2007-3878
Stockwood, Donald
2008-0582-0029
2008-0240
Stockwood, Donald
2008-0582-0030
2008-0241
Stockwood, Donald
2008-0582-0031
2008-0242
Coughlin Shelley
2008-0582-0122
2008-0388
Blackstone, Greg
2008-0582-0128
2008-0394
Pineau, Wayne
2008-0582-0130
2008-0457
Pineau, Wayne
2008-0582-0131
2008-0458
Schnoflak, Marcus
2008-0582-0140
2008-0467
Dean, William
2008-0582-0145
2008-0472
Gareau, Conrad
2008-0582-0146
2008-0473
McArthur, Mark
2008-0582-0159
2008-1238
Mushynski, Jason
2008-0582-0165
2008-1244
Ritchie, Janice
2008-0582-0166
2008-1245
Brown, Linda
2008-0582-0170
2008-1249
Spencer, Reginald
2008-0582-0176
2008-1255
Peck, Garry
2008-0582-0178
2008-1257
Schlatman, Patricia
2008-0582-0180
2008-1259
Patrick, Samuel
2008-0582-0182
2008-1261
Mushynski, Jason
2008-0582-0183
2008-1262
Whelan, Matthew
2008-0582-0184
2008-1263
Whelan, Matthew
2008-0582-0185
2008-1264
Wynne, Beverley
2008-0582-0186
2008-1265
Fic, Sherie
2008-0582-0187
2008-1266
Roselle, Dawn Lea-Ann
2008-0582-0188
2008-1267
Pineau, Wayne
2008-0582-0191
2008-1270
Duffey, Janice
2008-0582-0198
2008-1277
Pineau, Wayne
2008-0582-0200
2008-1279
Pineau, Wayne
2008-0582-0201
2008-1280
D’Andrea, Joe
2008-0582-0204
2008-1283
Whelan, Matthew
2008-0582-0205
2008-1284
McPherson, Jacqueline
2008-0582-0206
2008-1285
Brown, Linda
2008-0582-0207
2008-1286
Steenson, James
2008-0582-0208
2008-1287
Thomas, Elton
2008-0582-0209
2008-1288
Ritchie, David
2008-0582-0210
2008-1289
Fic, Sherie
2008-0582-0211
2008-1290
Duffey, Janice
2008-0582-0212
2008-1291
Ritchie, David
2008-0582-0213
2008-1292
McGarrell, Colleen
2008-0582-0214
2008-1293
Steenson, James
2008-0582-0215
2008-1294
Boyd, David
2008-0582-0239
2008-1329
Boyd, David
2008-0582-0240
2008-1330
Boyd, David
2008-0582-0241
2008-1331
Pineau, Wayne
2008-0582-0244
2008-1334
Pineau, Wayne
2008-0582-0245
2008-1335
Pineau, Wayne
2008-0582-0246
2008-1336
Pineau, Wayne
2008-0582-0247
2008-1337
Pineau, Wayne
2008-0582-0248
2008-1338
Pineau, Wayne
2008-0582-0249
2008-1339
Schlatman, Patricia
2008-0582-0254
2008-1344
Schlatman, Patricia
2008-0582-0255
2008-1345
Rumboldt, Douglas
2008-0582-0256
2008-1346
Rumboldt, Douglas
2008-0582-0257
2008-1347
Pineau, Wayne
2008-0582-0258
2008-1348
Pineau, Wayne
2008-0582-0259
2008-1349
Pineau, Wayne
2008-0582-0260
2008-1350
Macaraeg, Eliodoro
2008-0582-0262
2008-1352
Rumboldt, Douglas
2008-0582-0263
2008-1353
Rumboldt, Douglas
2008-0582-0264
2008-1354
Rumboldt, Douglas
2008-0582-0265
2008-1355
Boyd, David
2008-0582-0266
2008-1356
Boyd, David
2008-0582-0267
2008-1357
Whelan, Matthew
2008-0582-0268
2008-1358
Whelan, Matthew
2008-0582-0269
2008-1359
Wynne, Beverley
2008-0582-0276
2008-1366
Wynne, Beverley
2008-0582-0277
2008-1367
Wynne, Beverley
2008-0582-0278
2008-1368
Patrick, Samuel
2008-0582-0281
2008-1371
Patrick, Samuel
2008-0582-0282
2008-1372
Wynne, Beverley
2008-0582-0285
2008-1375
Rusaw, William
2008-0582-0286
2008-1376
Thompson, James
2008-0582-0288
2008-1378
Thompson, James
2008-0582-0289
2008-1379
Thompson, James
2008-0582-0290
2008-1380
Nunnally, William
2008-0582-0291
2008-1381
Nunnally, William
2008-0582-0292
2008-1382
Nunnally, William
2008-0582-0293
2008-1383
Nunnally, William
2008-0582-0294
2008-1384
Nunnally, William
2008-0582-0295
2008-1385
Nunnally William,
2008-0582-0296
2008-1386
Nunnally, William
2008-0582-0297
2008-1387
Nunnally, William
2008-0582-0298
2008-1388
Nunnally, William
2008-0582-0299
2008-1389
Nunnally, William
2008-0582-0300
2008-1390
Nunnally, William
2008-0582-0301
2008-1391
Nunnally, William
2008-0582-0302
2008-1392
Nunnally, William
2008-0582-0303
2008-1393
Rimos, Alex
2008-0582-0323
2008-2281
Schnoflak, Marcus
2008-0582-0333
2008-2331
Hill, Robert
2008-0582-0335
2008-2333
Rimos, Alex
2008-0582-0352
2008-2709