GSB#2009-2988, 2009-2989

UNION#2009-0128-0071, 2009-0128-0072

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Vella)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

November 28, 2012.

Decision

1Mr. Jaime Vella, a Correctional officer at Sarnia Jail, grieved on December 20, 2009, that the employer breached the collective agreement by housing an inmate at the Jail, with whom he had a conflict. A second grievance with almost identical language was also filed on December 20, 2009. The employer submitted that there was no violation of the collective agreement.

2The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I find that there has been no violation of the collective agreement and hereby deny these grievances.