GSB#2008-3886

UNION#2008-0135-0028

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Murphy)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean Milloy Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

March 17, 2011.

Decision

1Mr. Andrew Murphy, an unclassified correctional officer at the Windsor Jail, grieved on June 25, 2008, that the employer breached the collective agreement when he was not permitted to work on a previously scheduled shift on May 18, 2008. The employer submitted that it had not violated the collective agreement and that a change in operational requirements lead to the grievor being sent home.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny this grievance.