GSB#2010-1349

UNION#2010-0108-0042

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Prestage)

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

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

October 7, 2014

Decision

1The Employer and the Union at the Elgin Middlesex 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.

2Richard Prestage is a CO2 who has worked in this capacity for approximately thirty years. He filed a grievance that alleged the Employer has violated the Collective Agreement because it has failed to progress him to the CO3 wage grid in the Collective Agreement. In his view, the CO3 grid is a merit pay scheme and he ought to have been moved to this classification given his experience and years of service.

3The grievance cannot be upheld. This Board has no jurisdiction to entertain classification grievances. There was no dispute between the parties regarding my jurisdiction. However, the grievor urged that there must be some purpose to having a CO3 wage grid in the Collective Agreement and he should be entitled to that level of compensation.

4The grievance is dismissed.