GSB#2010-0521

UNION#2010-0517-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McDonald)

Union

• and -

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

Employer

BEFORE

M. Brian Keller

Vice-Chair

FOR THE UNION

Scott Andrews and Tim Mulhall Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Rachel McNamara Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

October 14, 2011.

Decision

1The Employer informed the Union of its intention to introduce an Attendance Support and Management Pilot Program. The Union took issue with the intention of management to introduce the Plan as well as various aspects of it. The parties agreed to, and participated in, a consultation process under the aegis of the GSB.

2There was no question that, in accordance with applicable arbitral jurisprudence, the Employer had the right to introduce such a Plan. Consequently, the consultation focused on the details of the Plan to ensure that its application would be fair, equitable and consistent and in accordance with the applicable laws. Ultimately, a decision had to be issued by the Board (Benko et al, GSB #2009-2821) to resolve issues outstanding between the parties.

3As part of that Decision, the parties were ordered to negotiate a dispute resolution process to deal with grievances arising out of the implementation and application of the Plan. The parties subsequently agreed to use an expedited mediation/arbitration process to resolve outstanding grievances. The process is to deal with the application or administration of the Plan to individual employees. The process will NOT deal with any question of whether the Employer has the right to introduce such a Plan, or the modalities of it as it is currently constituted, as those issues have already been determined. It is understood, however, that any changes to the Plan can be reviewed by the Union.

4The first med/arb session was held on October 14, 2011. The parties were able to resolve all grievances dealt with except two. It was agreed to hold one of the outstanding ones in abeyance pending further discussions between the parties, with the assistance of the Board. The second, the grievance of Mr. McDonald, is the subject of this decision.

5I have considered the issue raised by the grievor. In my view, he has an imperfect understanding of the law and has based his grievance on that misunderstanding. Consequently, I find no merit to his grievance, which is hereby dismissed.