GSB#2009-0663

UNION# 2009-0368-0038

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Clark)

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

Frank Inglis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Laura McCready Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

December 1 and 2, 2010.

Decision

1The Employer and the Union at the Central East 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.

2In a Med/Arb session held in March of 2010 the parties signed a Memorandum of Agreement regarding a grievance filed by Ms. Diane Clark. The agreement was confidential and I was seized with the matter.

3This decision will be written is such a fashion so as not to reveal the confidential agreement of the parties.

4The Employer failed to implement some of the various components either within the time frame stated or as of December 1, 2010.

5The Employer will formally inform the grievor of the disposition of paragrah 5 of the Memorandum.

6The Employer shall comply with Paragraph 6 – as was discussed between the parties – as early as possible – but in any event – not later than February 28, 2011.

7For the reasons discussed at the Med/Arb session, the Employer shall pay to the grievor an amount of $1750.00 in damages. This is to be paid not later than February 15^th, 2011. If requested by the Union, failure to pay this amount within the time limit stated will bring about a further penalty unless the Union agrees to extend the timeframe.

8I continue to remain seized.