GSB#2013-0133

UNION#2013-0248-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Collins)

Union

• and -

The Crown in Right of Ontario (Ministry of 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

Greg Gledhill Ministry of Government Services Staff Relations Officer

HEARING

May 22, 2013

Decision

1The Employer and the Union at the Hamilton-Wentworth Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Some of the grievances were settled through that process. However, this grievance remained unresolved and therefore requires 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.

2Ms. Elizabeth Collins filed a grievance that alleged the Employer violated the Collective Agreement regarding the failure to grant a request regarding a lieu day in May of 2013.

3Having heard the facts and submissions of the parties, I am of the view that the grievance must succeed. I reject the grievor’s remedial request for three lieu days to be utilized at her discretion. However, I leave the remedy to the parties but I remain seized in the event that the parties are unable to agree upon the appropriate remedy.