Ontario Public Service Employees Union (Strong) v. The Crown in Right of Ontario (Ministry of Children and Youth Services), 2011 CanLII 23162

GSB#2009-1418

UNION#2009-0290-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Strong)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Tim Mulhall, Frank Inglis, Greg Gray Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Nicholas Sapp Ministry of Children and Youth Services Employee Relations Advisor

HEARING

March 17, 2011.

Decision

1The parties agreed to present this grievance in accordance with Article 22.16 of the collective agreement, and this decision is without prejudice or precedent.

2The grievance relates to a claim under Article 14 for four hours travel time to attend 11 meetings as a member of the Joint Occupational Health and Safety Committee. The meetings took place in June, July and August 2009 at OCI, which is located on property that is almost contiguous with that of the Roy McMurtry Youth Centre where the grievor normally works. The employer responds that travel was not and would not have been “authorized” within the meaning of the collective agreement for such meetings, given the proximity of the meeting location to the grievor’s place of work.

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