GSB#2016-2340, 2016-2337, 2016-2338, 2016-2384, 2016-2434, 2016-2524, 2016-2583,

2016-2586, 2016-2937

UNION#2016-5112-0150, 2016-5112-0147, 2016-5112-0148, 2016-5112-0158,

2016-5112-0159, 2017-5112-0002, 2017-5112-0013, 2017-5112-0016, 2017-5112-0043

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Montgomery et al)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Arbitrator

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

James Cheng Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

May 18, June 28, 2017

Decision

1The Employer and the Union at the Toronto South Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Katherine Montgomery and eight other Correctional Officers filed grievances alleging various provisions of the Collective Agreement have been violated by the Employer including COR. 13.6 by denying requests for particular days off utilizing their compensating time off earned from working Paid Holidays. According to the Union in each instance the requests were made more than thirty days in advance and were denied which is in direct contravention of the Collective Agreement.

3The Employer did not take issue with the facts as set out by the Union.

4These grievances were discussed over the course of two med/arb sessions. Additionally, this is the second time that this dispute has come before this Board.

5The Employer urged that the singular reason for the denial of some Correctional Officer requests for specific days off has been operational requirements. It contended that in order to maintain the necessary institutional number of Correctional staff not every request for time off could be granted.

6The Union notes that there is no restriction to this right set out in the Collective Agreement and asks the Board to declare – again – that the Collective Agreement has been violated.

7After considering the facts and provisions of the Collective Agreement I so declare.

8To that extent, the grievances are upheld.