GSB#2015-1322, 2015-1323

UNION#2015-0234-0120, 2015-0234-0121

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Diruzza)

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

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Ann Fowler Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

March 7, 2017

Decision

1The Employer and the Union at the Maplehurst Correctional 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.

2Mr. Aldo Diruzza is a Correctional Officer who filed two grievances regarding the implementation of the Attendance Support and Management Program (ASMPP). It was his allegation that because the program is not based on the calendar year it has the potential to disadvantage him. He was of the view that because of the timing of the program he might be discriminated against on the basis of a disability contrary to the Human Rights Code.

3When the grievor was asked for instances where he had been put at a disadvantage as the result of how the Employer has implemented the program, he conceded that it has not yet happened but might at some time in the future.

4The Employer urged that there has been no violation of the Collective Agreement.

5After consideration – including a review of the program – I am of the view that there has been no violation of the Collective Agreement and therefore the grievances are denied.