Ontario Public Service Employees Union (Young) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2012 CanLII 17213

GSB#2011-2455

UNION#2011-0440-0025

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Young)

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

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

February 3, 2012.

Decision

1Mr. William Young, a Correctional Officer at the Brockville Jail and St. Lawrence Valley Correctional and Treatment Centre, grieved on October 10, 2011, alleging that the employer disciplined him without just cause on February 16, 2010. He seeks full redress. The employer submitted that the grievance was filed late, some seven months after the requirement under the collective agreement and therefore should be dismissed.

2The parties referred the 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.