GSB#2012-0637

UNION#2012-0582-0134

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Spencer)

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

Buky Adeoye Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

March 26, 2014

Decision

1The Employer and the Union at the Toronto East Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Many 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. Reginald Spencer is a Correctional Officer who filed a grievance alleging violations of Articles 2 and 9 of the Collective Agreement. A review of the facts reveals that Mr. Spencer is of the view that management is allowing unnecessary accommodations within the institution resulting in the remaining un-accommodated staff being overused or

mis-used in the assignment of work. By way of remedy he seeks an order that this activity cease and the workplace be made whole.

3After hearing the facts and submission in this matter, I am of the view that there is no violation of the Collective Agreement and therefore the grievance is denied.