GSB#2010-1391, 2010-1399

UNION#2010-0234-0186, 2010-0234-0194

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bowerman/McIntosh)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Laura McCready Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

November 30, 2011.

Decision

1On February 5th, 2010, Vice Chair Keller issued a decision regarding the Attendance Support and Management Pilot Program, Re The Crown in Right of Ontario – Ministry of Community Safety and Correctional Services and OPSEU - Benko et al, GSB#2009-2821. At that point over eight hundred grievances had been filed, many of which alleged that the program itself was a violation of the Collective Agreement and the Human Rights Code of Ontario.

2The decision contained a number of orders for the parties to assist in the prospective implementation of the program. Those orders included the need for the Employer to exercise reasonable discretion in dealing with non-culpable absences and to consider individual claims on a case by case basis. Further, it was ordered that the Employer shall preclude absence that are the result of a disability as defined under the Ontario Human Rights Code as well as absences resulting from proper consideration be given to WSIB absences.

3The parties were directed to establish a dispute resolution mechanism to deal with the numerous outstanding grievances. This order was fulfilled and it was agreed that Vice Chair Keller and I would assist the parties in this regard. To allow for maximum efficiency, it was established that entire days would be set aside for the mediation/arbitration of these matter and that the Vice Chairs would attend at the workplace to facilitate necessary access to employee records.

4To date, there have been a handful of such days and the process appears to be working well to date because the vast majority of disputes that have been addressed have been resolved between the parties. As noted in Re The Crown in Right of Ontario – MCSCS & OPSEU (Warling) (November 29, 2011), GSB#2010-1825 (Keller), there have been some larger issues identified as being common to many disputes that have Province wide ramifications. These matters are being addressed by the parties.

5Recently a day was spent at Maplehurst Correctional Complex to deal with ASMPP grievances. Most were mediated to resolution.

6In July of 2010, a group grievance was filed by a number of Correctional Officers at Maplehurst regarding the ASMPP. As was the case in Re Benko, it was alleged that the program was contrary to Article 44 of the Collective Agreement, the Ontario Human Rights Code and “The Charter of Rights”. Only two grievances from this group remain outstanding. This decision deals with those two grievances.

7Ms. McIntosh and Mr. Bowerman continued to assert that the Employer has gone beyond its management’s rights with the implementation and administration of this program.

8This very matter was considered and rejected by the Board in Re Benko. While some direction was given to the parties in terms of the application of the program, there was no finding or declaration that the Collective Agreement or any statute has been violated.

9Accordingly, these grievances are dismissed.