GSB#2015-2929

UNION#2015-5112-0251

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Manna)

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

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

May 10, 2016

Decision

1The Employer and the Union at the Toronto South Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring 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.

2Mark Manna and approximately thirty other Correctional Officers grieved that the Employer violated various provisions of the Collective Agreement by failing to grant requested compensating time off that was requested more than one month in advance. By way of remedy the grievors requested compensation and an additional compensating day off for each violation.

3The Employer conceded that there have been instances where compensating time off which has been requested by Correctional Officers more than a month in advance has been denied. It did not dispute that such denials are violations of the Collective Agreement but urged that operational requirements were such that it was necessary to refuse the requests.

4While I appreciate the Employer’s assertion that operational requirements were the cause of the refusals, the Collective Agreement provides that compensating time off may be taken in conjunction with an employee’s vacation or regular day off if requested one month in advance. Unlike others in the Collective Agreement, this provision is not subject to operational requirements.

5Accordingly, I declare that the Collective Agreement has been breached. However, I deny the other remedial requests of the grievors.