GSB#2011-2239, 2011-2247, 2011-2405, 2011-2439, 2011-2648, 2011-3293, 2012-0538,

2012-0785, 2012-1457, 2012-2313, 2012-2805

UNION#2010-0369-0250, 2011-0369-0739, 2011-0369-0764, 2011-0369-0771,

2010-0369-0259, 2012-0369-0003, 2012-0369-0015, 2012-0369-0025, 2012-0369-0039,

2012-0369-0052, 2012-0369-0059

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Beausoleil)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Brian M. Keller

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Bart Nowak Ministry of Government Services Centre for Employee Relations Staff Relations Officer

HEARING

November 8, 2012.

Decision

1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The grievances in this case relate to various matters.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the some of the grievances have no merit and should be dismissed, others are questionable merit and others may have some merit. Accordingly,

1. I order the employer to pay the grievor the sum of $1500.00, less deductions required by law as sick pay top-up.

2. I order the employer to remove the letters of counsel in the grievor’s file relating to these grievances.

3. I order the employer to remind, and review with, managers the ADI policy and abide by its terms.

4. I order the employer to arrange for mediation between the grievor and affected managers through the Mediation Network. The grievor is to be entitled to have a support person present during the mediation(s).

4I remain seized as required.