GSB#2010-1877

UNION# 2010-0517-0044

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Paplinskie)

Union

• and -

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

Employer

BEFORE

Felicity Briggs

Vice-Chair

FOR THE UNION

Nick Mustari Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Government Services Employee Relations Advisor

HEARING

February 26, 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.

2Mr. Shaun Paplinskie is a Correctional Officer at Toronto West Detention Centre. He filed a grievance that alleged the Employer has violated the Collective Agreement by denying him the opportunity to apply for a Bailiff Backfill position.

3An Expression of Interest was issued in March of 2010 that asked Correctional Officers to apply if interested in a Bailiff Backfill position. On the document it was stated that the position were for Correctional Officers from Vanier/Maplehurst Correctional Complex, Thunder Bay Jail, Central East Correctional Centre and Sudbury Jail. It was noted, “Offender Transfer Operations is seeking motivated, enthusiastic and well-organized staff to apply their Correctional Officer skills in the capacity of ‘Provincial Bailiff Back-fill’ at their respective facility as identified above. A Primary back-fill list at each specified location shall be utilized to hire Correctional Officers where Provincial Bailiff back-fill coverage is required.’ (emphasis mine)

4There is nothing in the Expression of Interest, including the qualification of an individual’s home position that is a violation of the Collective Agreement. The Employer is entitled to determine the work to be done and where the work needs to be done.

5The grievor did not work at any of the facilities that needed Bailiff Backfill. The Employer was not obliged to open the Expression of Interest to every Correctional Officer in the province.

6Accordingly, the grievance is denied.