GSB#2010-3003

UNION#2011-0521-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (O’Reilly)

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.

2Ms. Santa O’Reilly filed a grievance that alleged she was entitled to call back pay as the result of a supervisor telephoning her at home to discuss an issue regarding the jail.

3The Employer took the position that the grievor was not required to, and in fact did not, return to the workplace and therefore is not entitled to call back pay.

4I agree with the Employer’s view and the grievance is dismissed.