GSB# 2017-1532

UNION# 2017-0229-0021

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cygler 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

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Laura McDonald Treasury Board Secretariat Employee Relations Advisor

HEARING

November 7, 2018

DECISION

1In this matter, Cygler, (Group), employees in the Social Work Program at Ontario Correctional Institute, filed a grievance on August 2, 2017, alleging that the employer breached Articles 1,2, 3, 6, 8, 22 of the collective agreement, essentially arguing that management was doing bargaining unit work and therefore denying bargaining unit members overtime opportunities. The Employer denied that there was any violation of the collective agreement and expressly denied any wrong doing of any sort. The Employer acknowledged that discharge planning is OPSEU bargaining unit work.

2The 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. They asked that I issue a decision without precedent or prejudice, and without written reasons.

3The Employer acknowledged that discharge planning is OPSEU bargaining unit work. Having carefully considered the evidence put before me, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby affirm that discharge planning for inmates is bargaining unit work and this declaration disposes of the grievance.