GSB# 2017-0669

UNION# 2017-0228-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sehgal et al)

Union

• and -

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Diane Gee

Arbitrator

FOR THE UNION

Willow Petersen Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

HEARING

March 14, 2018; December 12, 2018

DECISION

1This matter is a group grievance alleging an abuse of management rights under section 2.1 of the collective agreement. This proceeding is governed by article 22.16 of the collective agreement. That article reads as follows:

22.16 MEDIATION/ARBITRATION PROCEDURE

22.16.1 Except for grievances concerning dismissal, sexual harassment, and/or human rights, and Union grievances with corporate policy implications, all grievances shall proceed through the GSB to a single mediator/arbitrator for the purpose of resolving the grievance in an expeditious and informal manner.

22.16.2 The mediator/arbitrator shall endeavour to assist the parties to settle the grievance by mediation. If the parties are unable to settle the grievance by mediation, the mediator/arbitrator shall determine the grievance by arbitration. When determining the grievance by arbitration, the mediator/arbitrator may limit the nature and extent of the evidence and may impose such conditions as he or she considers appropriate. The mediator/arbitrator shall give a succinct decision within five (five) days after completing proceedings unless the parties agree otherwise.

22.16.7 Decisions reached through the mediation/arbitration process shall have no precedential value unless the parties agree otherwise.

2Decisions issued under article 22.16 are without prejudice or precedent and reasons are to be brief. The parties agreed to extend the time period set out in article 22.16.2 for the issuance of my decision in this matter.

3Mediation was held in connection with this matter over two days. During that time I heard submissions from some of the individuals on whose behalf the grievance had been filed concerning the problems in the workplace. The issues identified primarily relate to the caseloads carried by Victim Witness Service Workers at the Brampton office as compared to VWSWs working in other offices in the province; the feeling that mandated cases were not being properly serviced due to the workload; and the employer’s refusal to provide statistics as to workloads in the Brampton and other offices. These issues are reflected in the statement of desired settlement that forms part of the grievance.

4Assuming without finding the allegations advanced in the grievance to be true, they would not amount to a violation of the collective agreement. The Employer retains the right to determine what work is to be done and where that work will be done. It is under no obligation to equalize work or provide statistics as to the levels of work being performed.

5The grievance is hereby dismissed.