GSB#2016-1890

UNION#2016-0234-0184

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Guichelaar et al)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

January 18, 2017

Decision

1This is a decision of a group grievance, filed by fixed term Correctional Officers at the Vanier Centre for Women. The group filed a grievance on November 1, 2016, alleging that the employer breached Article 31 A.3.1, Article Cor 8 of the collective agreement and HPRO and its policies. They allege that they should have been paid premium pay for work scheduled on days off before their scheduled forty hours. They seek full redress. The employer submitted that there was no violation of the collective agreement.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny the grievance.