GSB#2009-2922, 2009-2923

UNION#2009-0248-0050, 2009-0248-0051

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sindall)

Union

• and -

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

Employer

BEFORE

M.B. Keller

Vice-Chair

FOR THE UNION

Anastasios Zafiriadis & Scott Andrews Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Greg Gledhill Ministry of Government Services Employee Relations Division Staff Relations Officer

HEARING

April 27, 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.

2At a med-arb session at HWDC, the Vice-Chair dealt with a number of grievances filed by the union on behalf of Mr. Sindall. At the conclusion of the session, decisions were required to deal with some of them. The Vice-Chair erred in not associating his decision with the correct files. The Board issued the decision with the wrong files associated, as drafted by the Vice-Chair. This decision confirms the earlier one, but lists the correct file numbers.

3For the purposes of clarity, the Vice-Chair considered the submissions of the parties when drafting his earlier decision. There is no need to re-visit the matter as the error by the Vice-Chair was clerical only and the only reason there is a need to deal with this matter at all is to correct that clerical error.

4To reiterate the finding in the earlier decision, the grievances are dismissed.