GSB#2012-4381

UNION#2013-0234-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Frankenne)

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

November 12, 2014

Decision

1The Employer and the Union at the Vanier Centre for Women 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, this grievance remained unresolved and therefore requires 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.

2Ms. Diane Frankenne is a classified Correctional Officer who filed a grievance alleging that her Continuous Service Date is incorrect. The Employer’s view of grievor’s CSD is May 1, 2006. The grievor stated on her grievance that her CSD should properly be October 24, 2004. However, the Union suggested in the alternative that her CSD should be January 9th, 2006.

3In large measure the difference between the parties is as the result of a number of weeks where the grievor worked less than forty hours during her tenure as a fixed term employee.

4The Employer raised an objection that this grievance is outside of the time limits set down in the Collective Agreement. The Employer argued that if the grievor was of the view that there were instances in 2009 and 2010 when she should have been scheduled to work up to forty hours and the Employer failed to do so, she should have filed grievances at those times. Her grievance in January of 2013 is simply out of time.

5The Union suggested that this is an instance when the Board should exercise its jurisdiction to extend the time limits and determine the grievance on its merits.

6After consideration, I must uphold the Employer’s objection and accordingly, the grievance is dismissed.