GSB#2010-2529, 2010-2530

UNION#2010-0521-0111, 2010-0521-0112

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (D’Souza)

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

Greg Gledhill Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

March 6, 2012.

Decision

1The Employer and the Union at the Toronto Intermittent 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. Ian D’Souza is a fixed term Correctional Officer. He filed two grievances that allege he is being improperly scheduled to work by the Employer. He also alleged bullying and harassment in this regard.

3After hearing the facts and submissions of this matter I must dismiss the grievances. The grievor signed a Fixed Term Contract that stated he agreed to make himself available up to and including 40 hours per week and that failure to do so may result in his contract not being renewed. The Employer relied upon that agreement in its scheduling of the grievor and it is entitled to do so.