GSB#2008-1321, 2008-1322, 2008-1323, 2008-1324, 2008-1325, 2008-1326, 2008-1327, 2008-1328

UNION#2008-0582-0231, 2008-0582-0232, 2008-0582-0233, 2008-0582-0234, 2008-0582-0235,

2008-0582-0236, 2008-0582-0237, 2008-0582-0238

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Walterhouse et al)

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

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Victoria Fichtenbaum Ministry of Government Services Centre for Employee Relations Employee Relations Officer

HEARING

February 21, 2013

Decision

1Mr. Chris Walterhouse, Mr. Douglas Rumboldt, Mr. William Rusaw, Mr. Fraser Brown, Mr. Sean Dalton, Mr. Wayne Pineau, Mr. James Steenson, and Mr. Jason Mushynski, correctional officers and members of the ICIT team in the spring of 2008 at the Toronto East Detention Centre, grieved that the employer breached the collective agreement by not activating the team for service on April 7 and 8 at the Toronto Jail. The employer submitted it had not violated 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.