GSB#2012-4686

UNION#2013-0369-0007

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lucas 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

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.

2On February 4, 2013 there was a power outage at CNCC. As a result of that situation some employees were sent home and their pay was kept whole. Other employees who were not allowed to leave grieved that “management failed to give fairness and equity to all staff” and alleged “favouritism to a selected few”.

3A group grievance was filed and by way of remedy the grievors wanted two hours of overtime pay for each non-correctional staff who did not receive the opportunity to go home on February 4, 2013.

4After considering the facts and submissions in this matter I am of the view that the grievance must be dismissed because there is no violation of the Collective Agreement.

5Grievance denied.