GSB#2015-2029

UNION#2015-0135-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bechard)

Union

• and -

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

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Buky Adeoye Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

May 31, 2016

Decision

1The Employer and the Union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Vice Chair of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2On May 31, 2016 the parties at the South West Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3On May 19, 2015 the union filed a grievance on behalf of the grievor alleging a violation of the collective agreement and the Human Rights Code. It was alleged that the employer used a preexisting medical condition to isolate the grievor and refuse to place him in the appropriate classification. As a result the grievor has claimed lost overtime opportunities.

4In the circumstances it is appropriate to direct the employer to pay to the grievor twenty hours pay at the regular rate of pay in place at the applicable time.

5The grievance is therefore upheld in part.