GSB#2012-0733

UNION#2012-0551-0006

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Nash)

Union

• and -

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

Employer

BEFORE

Christopher Albertyn

Vice-Chair

FOR THE UNION

Eric del Junco Counsel

FOR THE EMPLOYER

Suneel Bahal Treasury Board Secretariat Legal Services Branch Counsel

HEARING

October 5, 2015

Decision

1The grievor is subject to an accommodation arrangement that has enabled her to work in Probation & Parole (P&P).

2The grievor’s home position is that of a Rehabilitation Officer at the Toronto South Detention Centre (TSDC). The Ministry requires her to return to her home position, asserting that an operational urgency exists that requires her to fill her position there. This assertion is disputed by the union.

3Having heard the parties’ submissions on what interim arrangements should be reached pending full consideration of the grievance, I issue the following directions:

1. The grievor’s secondment to P&P will end on November 27, 2015. This extension is to enable the grievor to complete her P&P training and to transfer her cases.

2. Prior to completing her secondment at P&P the grievor will use at least 10 vacation days.

3. The grievor will assume her duties as the Rehabilitation Officer at the TSDC on November 30, 2015, at which time she will perform any orientation or training required by TSDC.

4. Should the grievor fail to take her position as directed on November 30, 2015, she will lose that position.

5. If the grievor so loses her position, a dispute will exist between the parties as to her home position status.

6. Subject to the grievor’s unavoidable child care responsibilities, the grievor will not have pre-approved vacation available to her in December 2015 at the TSDC, but may apply under the policy and practice at the TSDC.

7. Provided the grievor has used her vacation as directed under 2 above, notwithstanding the provisions of the collective agreement, whatever vacation credit the grievor has on December 31, 2015 will be carried over to her credit into 2016, to be used by December 31, 2016, subject to her entitlements under the collective agreement at that date.

4This interim ruling is without prejudice to the issues in the grievance.

5I remain seized of the implementation of this interim ruling and of the grievance generally.