GSB#2003-3553, 2004-2064

UNION#2003-0411-0059, 2004-0411-0118

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pilon/Pierre)

Union

• and -

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

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Suneel Bahal Ministry of Government Services Labour Practice Group Counsel

HEARING

February 19, 2013.

Decision

1These are two of an impressively large number of grievances which have been referred to me, all of which fall under the general rubric of escort duty.

2In the interest of expedition the parties agreed that these two grievances be dealt with through a process of mediation-arbitration as contemplated under the collective agreement.

3In accordance with that process the parties acknowledged that the present decision, while obviously binding in respect of the instant two grievances, is otherwise without any precedential value and is without prejudice to any positions the parties may choose to adopt or arguments they may choose to advance in any other proceeding, including the other grievances that are before me relating to matters of escort duty.

4In the further interest of expedition, the parties agreed that this decision should issue without reasons.

5Having regard to the submissions of the parties, I hereby direct the employer to:

(a) Pay to the grievor Pilon the equivalent of 12 hours pay at the applicable rate(s) in place at the time his grievance was filed ((i.e. August 23, 2003);

and

(b) Pay to the grievor Pierre the equivalent of 24 hours pay at the applicable rate(s) in place at the time his grievance was filed (i.e. August 3, 2004)

6I will remain seized should the parties encounter any difficulties in implementing the terms of this award.