GSB#2011-2761

UNION#2011-0224-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Johnstone)

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

Laura Josephson Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean Milloy Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

December 2, 2011.

Decision

1The Employer and the Union at the Owen Sound Jail 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. Paul Johnstone filed a grievance that alleges the Employer violated the Collective Agreement and a Memorandum of Agreement signed through the MERC process regarding the closure of the jail.

3In the MERC Memorandum of Agreement, the parties agreed that fixed term Correctional Officers who were willing to go to Toronto Intermittent Centre (“T.I.C.”) would be paid $2,000.

4Mr. Johnstone is not a fixed term Correctional Officer. Further, he is going to Hamilton Detention Centre. However, he was of the view that it was unfair to provide a monetary benefit to some Correctional Officers and not others.

5The grievance is denied. There is no violation of the Collective Agreement or the Memorandum of Agreement. Further, in my view it is not unfair that one classification of employee would receive benefits that are not offered to others. Indeed, there can be no question that classified Correctional Officers enjoy a number of entitlements not afforded to fixed term Correctional Officers.