Ontario Public Service Employees Union (Berry et al) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2013 CanLII 88141

GSB#2013-1737

UNION#2013-0369-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Berry et al)

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 Centre for Employee Relations Employee Relations Advisor

HEARING

November 27, 2013

Decision

1The Employer and the Union at the Central North Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most 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.

2A group grievance was filed for three Correctional Officers who claimed they should have been paid the Absenteeism Target Incentives for all hours in 2012.

3All of the grievors were either on a paid leave of absence or an unpaid leave of absence (including a twenty day suspension) from January 1, 2012 until and including July 11, 2012. The Employer paid the Absenteeism Target Incentive to the grievors for all hours worked from July 12, 2012 to the end of the year.

4Appendix COR7 paragraph 5(d) states that where certain absenteeism targets have been met Correctional Officers and Youth Workers (classified) will be paid “2% of the employee’s straight time hourly rate as of December 31, 2012, for all hours worked in the period of January 1, 2012 to December 31, 2012, if the average annual absenteeism is less than or equal to the absenteeism target set out in article COR 15.1(d) and COR18.1(d).” (emphasis mine)

5The grievors did not work any hours in 2012 until July 12^th. The incentive is to be paid on the basis of hours worked and not hours paid. This bonus, like some others previously considered by the Board is “work driven”. Simply being paid is not sufficient to trigger payment under this provision of the Collective Agreement.

6Accordingly, the grievance is denied.