GSB# 2014-0523

UNION# 2014-0411-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Fleming et al)

Union

• and -

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

Employer

BEFORE

Richard Brown

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

TELECONFERENCE

September 22, 2017

Decision

1The union referred to arbitration a grievance claiming compensation for missed meal breaks. The parties entered into minutes of settlement dated March 2, 2017 dealing with compensation and also establishing a procedure to be followed in the future when a correctional officer misses a break

2The relevant portion of paragraph 3 of the settlement states:

The Employer will issue a letter to all Correctional Officer staff advising them that commencing the date of the execution of the settlement for each shift that the Correctional Officer requested and did not get their breaks they will be required to note such on the sign in and out sheets for that day. [emphasis added]

3The employer subsequently issued a memorandum to all correctional officers, dated April 21, 2017, stating:

There is a “sign-in sheet” in the Minimum Duty Sergeant’s Office for missed meal breaks. After verification with the Minimum Duty Sergeant, please ensure you sign this sheet if you have missed a meal break.

4The “sign-in sheet” referenced in this memo is not the same as the sheets used by all correctional officers to sign in and out for each shift. Those sheets are normally located in the lunch room, not the office of the Minimum Duty Sergeant.

5The union contends the minutes of settlement contemplate an officer recording a missed meal break on the sign in and out sheets. Based on this interpretation of the settlement, the union contends the memorandum does not comply with the settlement.

6I agree. In my view, the meaning of the contested phrase in paragraph 3 of the settlement is very clear. The sheets referenced there are the very same sheets officers use to sign in and out for their shifts. Those sheets are also to be used for recording missed meal breaks. I digress to note the settlement does not stipulate where those sheets must be located—i.e. in the lunch room or elsewhere. Nonetheless, if located elsewhere, they must be as readily accessible as they have been in the past when found in the lunch room.

7There was a problem with the initial payment of compensation. Based on the submissions made by counsel, I am satisfied the employer has already taken steps to resolve that problem.