Ontario Public Service Employees Union (Wilson) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2013 CanLII 88144

GSB#2013-2977

UNION#2013-0369-0029

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Wilson)

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

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Buky Adeoye 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.

2Mr. Darren Wilson is a fixed term Correctional Officer who filed a grievance that the Employer violated the Collective Agreement by failing to grant him compassionate leave. He alleged that he was discriminated against because he was a fixed term employee.

3After hearing all of the facts and submissions in this matter, I am of the view that there has been no violation of the Collective Agreement. I specifically did not find that the grievor had been discriminated against. Therefore the grievance is denied.