GSB#2011-0465

UNION#2011-0617-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Parlee)

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

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

September 27, 2012.

Decision

1Ms. Sarah Parlee was an employee on a fixed term contract (FXT) at the Sudbury Jail, when she grieved on March 17, 2011, that the employer breached the collective agreement by not paying a bonus to FXT’s when the division met the attendance target under the Attendance Support Management Program (ASMPP). The employer submitted it had not violated the collective agreement or the policy by paying only classified Correctional Officers.

2The parties referred this grievance 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 this grievance.