GSB#2008-2322

UNION#2008-0368-0095

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (White)

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

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

HEARING

May 1, 2012.

Decision

1The Employer and the Union at Central East Correctional 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.

2Mr. Robert White filed a grievance alleging that the Employer discriminated against him and others on the basis of marital status during the implementation of the ASMPP in the summer of 2008. It was alleged that only those officers with spouses who are also employees of this Ministry were the subjects of scrutiny regarding their sick time.

3The Employer provided a number of documents that clearly set out that while a number of couples at the facility were spoken to about their attendance, so were many others who have partners not working in the OPS.

4Accordingly, the grievance is dismissed.