GSB#2008-2613, 2008-2614, 2008-2616, 2008-2868, 2008-2869, 2008-2870

UNION#2008-0128-0011, 2008-0128-0012, 2008-0128-0014, 2008-0128-0018, 2008-0128-0019, 2008-0128-0020

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Esser)

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

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

November 28, 2012.

Decision

1On October 3 and November 6, 2008, Mr. Dave Esser, a Correctional Officer at Sarnia Jail, filed six grievances. Five grievances relate to his suspension with pay, while a Workplace Discrimination and Harassment Policy investigation was ongoing. He complained that being assigned 8 hour shifts caused him to lose money. He also alleged that the suspension was discriminatory and therefore a breach of the collective agreement. A sixth grievance alleged a failure to accommodate staff, generally within the Jail and asserted that this was a Health and Safety violation. The employer submitted that there was no merit to any of the grievances and no violations 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 is no evidence to find any violation of the collective agreement and hereby deny these grievances.