Ontario Public Service Employees Union (Cobb et al) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2018 CanLII 14329

GSB#2016-2587

UNION#2017-5112-0017

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cobb et al)

Union

• and -

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

Employer

BEFORE

D.J.D. Leighton

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

January 18, 2018

Decision

1A group grievance (Gord Cobb, et al) was filed on behalf of 210 grievors, Correctional Officers at the Toronto South Detention Centre in February 2017. The grievance claims, that the employer has violated the collective agreement specifically, Articles 2, 3, and COR. 8.0, by:

"Condensing the mandatory 5 week training module and permitting Officers to work on the floors and accrue overtime without being fully trained. Thereby disadvantaging any and all previous Officers who were required to attend a mandatory 5 week training course, and were not permitted to work overtime before being fully deployable."

The union submitted that this change in practice must, in effect, be applied retroactively, and the grievors should be awarded compensation for lost overtime opportunities that would have been available during their mandatory training course, when they were not permitted to work overtime.

2The employer takes the position that there is no evidence to support a breach of the collective agreement and the decision to change the practice was within the reasonable exercise of managements rights.

3The 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 and asked that I issue a decision without precedent or prejudice, and without written reasons.

4Consequently, having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny this grievance.