GSB#2016-2705, 2016-2706, 2016-2707

UNION#2017-0229-0002, 2017-0229-0003, 2017-0229-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Huggins)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Vice-Chair

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

David Marincola 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 individual grievances are all identical. They assert the Employer has violated the collective agreement by applying a system of scheduling of the Nurses in the Health Care Unit of OCI which is “different, non-transparent, and non-compliant with the spirit and framework of the established provincial protocol of HPRO.” HPRO is a computerized scheduling system. The Nurses are currently scheduled manually. The grievances seek an order directing the Employer to implement the “provincial standard HPRO system”, a comprehensive review of all lost wages due to unfair distribution of overtime and statutory holidays, and an order for payment of wages found owing as a result.

4The collective agreement permits the parties to enter into agreements with respect to local overtime distribution. On February 12, 2014 the Employer and the Union entered into an agreement to utilize the “Ministry of Community Safety and Correctional Services Provincial Overtime Protocol” (the “Protocol”) for the OCI Health Care Services. The Employer points out that the Protocol does not specifically reference HPRO. This is correct. However, the Protocol refers to a “computerized overtime tracking system” and further provides that to ensure transparency employees will have access to a “daily overtime distribution report”, containing certain specified information, and a “daily deviation report”. The manual system used by the Employer does not meet these requirements. Accordingly it is in breach of the collective agreement.

5The grievances are allowed. The Employer is ordered to implement a computerized overtime tracking system which meets all the criteria set out in the Protocol within 20 days of the date of this decision. There is no specific allegation of loss of overtime or statutory holiday opportunities, let alone any evidence to suggest this was the case. I see no basis basis for ordering the review requested or awarding any damages.