GSB#2011-0402

UNION#2010-0368-0156

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Brown)

Union

• and -

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

Employer

BEFORE

Joseph D. Carrier

Vice-Chair

FOR THE UNION

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Laura McCready and Sean Milloy Ministry of Government Services Centre for Employee Relations Employee Relations Advisors

HEARING

June 25, 2013

Decision

1This grievance of Ms. Patricia Brown was referred to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement between OPSEU (The Union) and The Ontario Crown, Ministry of Community Safety and Correctional Services (M.C.S.C.S., The Employer). There was no challenge to my jurisdiction to hear and rule on the matter. Further, the Parties requested the decision be issued on a without precedent or prejudice basis, and without extensive reasons.

2A Memorandum of Settlement was entered into between the Parties on January16, 2012 to which the Grievor was a signatory. That Settlement addressed all outstanding grievances or complaints “related to this issue” and confirmed that all such “are withdrawn”. Among the issues addressed in that Memo and central to it was a complaint concerning Ms. Brown’s hours of work.

3The current grievance is dated October 5, 2010. The substantive issue identified in this grievance is “not being given 36.25 hour per week”. That is without doubt “related to” the issues addressed and resolved in the January 16, 2012 Memorandum of Settlement.

4In these circumstances and having heard and considered the submissions of the Parties, I am satisfied that the matter has been previously resolved and there is no dispute upon which to adjudicate.

5The grievance is denied.