GSB#2009-0035, 2009-1449

UNION#2009-0517-0035, 2009-0517-0091

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Zibritovsky)

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

Sia Romanidis Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

December 3, 2013

Decision

1The Employer and the Union at the Toronto West Detention 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.

2Stan Zibritovsky is a Correctional Officer who filed two grievances alleging that the Employer has violated the Collective Agreement because of its application of the Attendance Support Program.

3Specifically it was alleged by the grievor that other correctional facilities around the Province are not being held to the same standard as is being applied at TWDC. He asserted that Correctional Officers at other institutions in Toronto could be absent without penalty or consequence while he and other Correctional Officers at TWDC were subject to the program.

4The grievances must be dismissed. The ASMPP is in effect and being applied throughout the Province. There are no exceptions and therefore no Correctional Officers are being treated differently.