GSB#2010-3091

UNION#2011-0530-0007

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Black)

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

Victoria Fichtenbaum Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

June 13, 2012.

Decision

1Ms. Laura Black, a correctional officer at the Toronto Jail, grieved on February 16, 2011, that the employer breached Articles 2.1 and 3.1 of the collective agreement by not continuing an accommodation for family status first approved in 2009 and effective February 23, 2009. She seeks full redress, including lost overtime opportunities. The employer submitted that Ms. Black was accorded a series of accommodations for family status between February 23, 2009 and April 10, 2011 and it had not violated the collective agreement or the Ontario Human Rights Code.

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.