GSB#2011-0919, 2011-3164

UNION# 2011-0737-0004, 2011-0617-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Arnold et al)

Union

• and -

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

Employer

BEFORE

Felicity Briggs

Vice-Chair

FOR THE UNION

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Government Services Employee Relations Advisor

HEARING

February 27, 2013.

Decision

1The Employer and the Union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol for grievances filed on behalf of or by Bailiffs. A number 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.

2Wayne Maynard and Gregory Arnold are Provincial Bailiffs. Each filed a grievance alleging that the Employer has contravened the Ministry’s Statement of Ethical Principles by failing to pay Bailiffs the attendance target incentives paid to Correctional Officers and Youth Workers.

3By way of remedy each grievor requested an apology from the Minister as well as payment of any monies received by Correctional Officers and Youth Workers to all Bailiffs.

4Paragraph 5 of Appendix COR7 is entitled “absenteeism target incentives” and provides, in certain circumstances, “lump sum payments to regular Correctional Officers and regular Youth Workers”. The language is clear and unequivocal and does not apply to Bailiffs.

5Accordingly, the grievances are denied.