GSB#2017-2694

UNION# 2017-0368-0511

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Campbell)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Markiewicz Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

February 26, 2018

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 Arbitrator of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2February 26, 2018 the parties at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The Grievor applied for an acting COM1 position. This is an acting manager position, outside of the bargaining unit. Applicants are given two weeks in class training followed by one week on the floor training shadowing someone who holds the position. The Grievor missed two days during the in class training period and was not permitted to proceed to the on the floor training period. The Grievor asserts that he missed the days as a result of a disability and as a result the Employer has breached its duty to accommodate.

4Whatever the merits to the Grievor’s allegation, his complaint is not with respect to a position covered by the collective agreement. Accordingly, I am without jurisdiction to address it.

5The grievance is denied.