Ontario Public Service Employees Union (Hagerman) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2014 CanLII 8305

GSB#2012-4346

UNION#2013-0530-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hagerman)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Nick Mustari Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Victoria Fichtenbaum Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

December 11, 2013

Decision

1Mr. Paul Hagerman, a correctional officer at the Toronto Jail, grieved on January 13, 2013, that the employer breached Article COR 8.2.1 of the collective agreement. The employer submitted it had not violated the collective agreement.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny this grievance.