GSB#2016-1512

UNION#2016-0368-0154

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Fyfe)

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

Sia Romanidis Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

April 19 and April 20, 2017

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 April 19 & 20, 2017 the parties at Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The grievor filed a grievance dated September 6, 2016 claiming that she was improperly paid while on an acting assignment. The grievor is employed by Trilcor Industries. The grievance was filed almost one and one half years after the events giving rise to the grievance. It is clearly out of time and is therefore dismissed.