GSB# 2015-2144; 2015-2145; 2015-2146; 2015-2147; 2015-2148; 2015-2149; 2015-2150; 2015-2151; 2015-2152; 2015-2153; 2015-2154;

2015-2155; 2015-2156; 2015-2157; 2015-2158; 2015-2159

UNION#2015-0229-0014; 2015-0229-0015; 2015-0229-0016; 2015-0229-0017;

2015-0229-0018; 2015-0229-0019; 2015-0229-0020; 2015-0229-0021;

2015-0229-0022; 2015-0229-0023; 2015-0229-0024; 2015-0229-0025;

2015-0229-0026; 2015-0229-0027; 2015-0229-0028; 2015-0229-0029;

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bertillo et al)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Vice-Chair

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Laura McCready Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

May 25, 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 with no or minimal reasons, be without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2On May 25, 2017 the parties at the Ontario Correctional Institute (“OCI”) agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3These grievances are all identical. The Grievors are all Correctional Officers (“COs”) employed at OCI. COs may be assigned to escort prisoners outside an institution. Sometimes assignment to escort duties gives rise to an overtime. In order to perform escort duties a CO must have received a certain form of training which must be updated periodically. These grievances allege that the Employer failed to maintain the currency of the escort training of the COs in question with the result that they lost overtime opportunities in 2015. The opportunities in question were not at OCI but rather at another correctional institution.

4Having carefully considered the representations of the parties, the grievance is denied.