GSB#2010-0291

UNION#2010-0440-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mavraganis)

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

Laura Josephson Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz Ministry of Government Services Centre for Employee Relations Labour Relations Intern

HEARING

February 2, 2012.

Decision

1Mr. Peter Mavraganis, a Cook II at the Brockville Jail and St. Lawrence Valley Correctional and Treatment Centre, filed a grievance on February 4, 2010, alleging that the employer failed to accommodate him. The incidents giving rise to the grievance happened in July 2009. He seeks full redress. The employer submitted that it had not violated the collective agreement.

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 the grievance.