GSB#2011-2323

UNION#2011-0234-0093

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Thompson)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Nick Mustari Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Bart Nowak Ministry of Government Services Employee Relations Advisor

HEARING

June 5, 2013

Decision

1The Employer and the Union at the Maplehurst Correctional 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, a few grievances 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.

2Karey Thompson is a Maintenance Plumber who filed a grievance alleging various provisions of the Collective Agreement were breached as the result of an incident which took place on Tuesday October 19, 2011.

3Both parties provided considerable information regarding this matter and facts that occurred before, during and after this incident were canvassed.

4After considering the submissions of the parties, I am of the view that there is no violation of the Collective Agreement and therefore the grievance is dismissed.