GSB#2003-3764

UNION#2003-0999-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union)

Union

• and -

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

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

John Brewin Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Benjamin Parry Ministry of Government Services Labour Practice Group Counsel

HEARING

January 10, 2010.

Decision

1This case first came on for hearing on June 8, 2004. Since that time there have been many days of arbitration and mediation. I have taken a view at two separate facilities. The grievances allege that the Ministry has violated Article 9.5 of the collective agreement dealing with VDT terminals.

2After much effort the parties have finally been able to resolve this matter. I wish to commend them for their efforts and congratulate them on having come to what I view as a very fair and reasonable settlement.

3The Minutes of Settlement read as follows:

GSB #2003-3764

OPSEU #2003-0999-0032

Grievances listed in Appendix A

Between:

Ontario Public Service Employees Union Union

• and -

The Crown in Right of Ontario

as represented by the

Ministry of Community Safety and Correctional Services

Employer

WHEREAS the Union has filed a Union Grievance and a number of individual grievances identified in Appendix A alleging a violation of Article 9 of the Collective Agreement but would like to resolve the matter;

WHEREAS the Employer’s position is that Article 9.5 of the Collective Agreement has no application to the Grievors but would like to resolve the matter;

WHEREAS the Parties agree to the full and final settlement of all the above-referenced grievances, without precedent and without prejudice, on the following terms:

(1) The Employer agrees to provide relief to the COs working 0700-1800 in the Central Control Module at Maplehurst during peak periods in accordance with Appendix B to be negotiated by the local parties within 75 days;

(2) The Employer agrees to provide relief to the CO working 0700-1800 in Unit #2 at Vanier Centre for Women during peak periods in accordance with Appendix C to be negotiated by the local parties within 75 days;

(3) The Employer will pay a total of $25,000 as set out in Appendix D without deductions.

(4) The Union agrees to withdraw the Union grievance and all individual grievances listed in Appendix A as well as any other grievances in Adult Institutional Services’ dealing with Article 9.5. The Union further agrees that it will not file any future grievances alleging a breach of Article 9.5 relating to any current institution unless there is a change in the applicable technology being used or a change in current practice or the practice established pursuant to Appendix B or C as referenced above. The Parties agree that the grievance filed by Emidio Casullo (OPSEU#2006-0243-0299) is not withdrawn to the extent it raises issues related to Article 9 pursuant to the positioning of the monitors in A&D;

(5) The Union hereby releases and forever discharges the Crown in Right of Ontario and the Employer, its servants, agents and directors of and from all actions, causes of action, grievances, claims and demands of every nature and kind arising out of, or as a result of, in the Union grievance and the circumstances giving rise to them, including but not limited to all claims under the Employer’s Workplace Discrimination and Harassment Policy, the Ontario Occupational Health and Safety Act, Ontario Human Rights Code, the Public Service of Ontario Act and the Employment Standards Act;

(6) The Parties agree that this Memorandum of Settlement is not an admission or concession of liability or wrongdoing on the part of any Parties;

(7) The Parties agree that this written Memorandum of Settlement represents the complete settlement agreement between the Parties in relation to the above noted grievances and any related matters. The Parties agree and acknowledge that they have not made any verbal or other agreements beyond what is contained in this written settlement;

(8) The Parties agree that Vice-Chair Johnston shall remain seized with the interpretation and implementation of this settlement and is seized to determine the relief to be provided under paragraph 1 or 2 in the event the local parties are not able to reach an agreement within the specified period.

Signed and dated this 10th day of January 2011.

4Accordingly as per the agreement of the parties I remain seized in the event that there are any difficulties with regard to the enforcement, implementation or interpretation of this Consent Order.