GSB#2012-3852

UNION#2012-0252-0034

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Heinrich)

Union

• and -

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

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

September 8, 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.

2The parties at Niagara Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The expedited Mediation-Arbitration took place on September 7 and September 8, 2016.

3The grievor filed a grievance dated September 27, 2012 claiming that the Employer violated the collective agreement by paying the Community Corrections Officer position located at Elgin Middlesex Detention Centre on the basis of a forty hour week when she was classified as a Rehabilitation Officer and paid on the basis of a 37 hour work week.

4The position at Elgin Middlesex was being filled on a temporary basis by a Corrections Officer who normally worked and was paid for a forty hour week.

5After having carefully considered the submissions of the parties I have concluded that there has been no breach of the collective agreement and the grievance is dismissed.