GSB#2010-2337

UNION#2010-0530-0141

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Henry)

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

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

HEARING

January 18, 2012.

Decision

1The Employer and the Union at the Toronto 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. Herman Henry is a Correctional Officer who grieved that the Employer violated the Collective Agreement when it failed to assign him the duties of Acting OM16 on November 15, 2010. He thought that he should have been assigned the work because he was already at the institution on that shift and because he had acted in this capacity on a temporary and occasional basis.

3The failure to assign the grievor this work is not a violation of the Collective Agreement and therefore the grievance is denied.