GSB#2010-2991
UNION#2010-0521-0120
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Kopanyshyn)
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
Tim Mulhall Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Greg Gledhill Ministry of Government Services Centre for Employee Relations Employee Relations Advisor
HEARING
March 6, 2012.
Decision
1The Employer and the Union at the Toronto Intermittent Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.
2Robert Kopanyshyn is a Correctional Officer working on an administrative schedule in Pick Up and Delivery. He filed a grievance that the Employer violated the Collective Agreement when it arbitrarily assigned him to be off on December 27th and 28th 2010.
3Christmas Day and Boxing Day occurred on a Saturday and Sunday respectively in 2010. It was the Employer’s position that in accordance with Article COR 13 and Article 47, the grievor’s regular days off occurred on the Saturday and Sunday and therefore his paid holidays of Christmas and Boxing Day were appropriately scheduled on December 27th and 28th.
4The grievor was of the view that in accordance with Article 13.6 he should have been given a choice of days to schedule off as his paid holidays.
5After considering the facts and submissions of this matter I must dismiss the grievance.
Dated at Toronto this 28th day of March 2012.