Ontario Public Service Employees Union (Cowal) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2016 CanLII 18940

GSB#2014-2694

UNION#2014-5112-0084

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cowal)

Union

• and -

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

Employer

BEFORE

Marilyn A. Nairn

Vice-Chair

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Suneel Bahal Treasury Board Secretariat Legal Services Branch Counsel

HEARING

March 23, 2016

Decision

1The parties agree that I have the jurisdiction to hear and determine this grievance. The matter was set down for hearing at which time the parties engaged in discussions in order to determine whether there was a means of resolving the grievance. Terms of settlement that included the grievor’s return to work were amenable to both parties. However the location of the grievor’s return to work remained an outstanding issue.

2In the particular circumstances and pursuant to Article 22.16 of the collective agreement, the parties requested that I make a determination as to the appropriate location. Having regard to the parties’ positions and to the circumstances giving rise to the grievance, I find that, at this time, a return to work at the grievor’s previous location would not be in either the interests of the employer or the grievor. In confirmation of the oral ruling made, I hereby direct that the grievor return to work at the Toronto East Detention Centre. All other terms of that return to work remain the subject of the parties’ agreement.