GSB# 2018-2431

UNION# 2018-5112-0158

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Hastie et al)

Union

• and -

The Crown in Right of Ontario

(Ministry of the Solicitor General)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

John Wardell

Ontario Public Service Employees Union

Grievance Officer

FOR THE EMPLOYER

James Cheng

Treasury Board Secretariat

Employer Relations Advisor

HEARING

November 4, 2019

Decision

1. The 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 an 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.

2. On November 4 and 5, 2019 the parties at the Toronto South Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3. This Group grievance alleges failure of the Employer to accrue sick leave credits for FXT correctional officers during “off weeks” during the period June 1, 2017 to August 31, 2018. It first came on for hearing under the Expedited Mediation-Arbitration process on February 19, 2019. At that time, the Employer agreed to provide the Union with the attendance records covering the relevant period for all individuals listed in the Group grievance; and the Union agreed to provide the Employer with full particulars of any alleged miscalculation for attendance credits for the period in question. The Employer provided the Union with the relevant records. Jon Hastie, a Local representative, sent emails to each member of the Group on July 23 and September 15, 2019 seeking information as to any alleged miscalculation during the relevant period. Only two members responded: Connor Slogan and Kerri Palmer.

4. With respect to Connor Slogan, I find he was entitled to 1.25 sick leave credits in relation to the month of April, 2019 which were not properly accrued at the time. To that extent, the grievance is allowed. I note the Employer states the credits have now been allocated to Connor Slogan’s sick leave bank.

5. With respect to Kerri Palmer, having considered the representations of the parties, I am satisfied there was no failure to properly accrue sick leave credits. With respect to the other members of the Group, there is nothing to show a failure to properly accrue sick leave credits in relation to the relevant period of time. Therefore, other than as noted above in relation to Connor Slogan, the grievance is dismissed.

Dated at Toronto, Ontario this 13^th day of November 2019.