GSB#2010-0289

UNION#2010-0369-0035

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McAllen)

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, Tim Mulhall Grievance Officers Ontario Public Service Employees Union

FOR THE EMPLOYER

Karen Martin, Brian Scott Ministry of Government Services Employee Relations Division Staff Relations Officer

HEARING

November 26, 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 grievance in this case relates to a letter of reprimand given to the grievor for failure to properly execute the electronic procedure with respect to performance of rounds. The grievor alleges that she was unfairly singled out for discipline during a period when there was widespread non-compliance with the procedure due to health and safety concerns. The employer responds that the grievor was given a direct order to perform the rounds properly and she refused to comply.

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