GSB# 2017-3591

UNION# 2018-0229-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cochrane)

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

Greg Gledhill / Samantha Gray Treasury Board Secretariat Employee Relations Advisor / Labour Relations Intern

HEARING

November 7, 2018

DECISION

1Mr. Chris Cochrane, a Correctional Officer 2 at Ontario Correctional Institute, filed a grievance on January 11, 2018, alleging that the employer breached Articles 2, 3, 14, and COR 5 of the collective agreement. The union alleges that management should not have deducted 24 hours of the grievor’s pay because he did not attend training off site. The grievor alleges he attended at the location on both days but there was no one there. The employer submitted that the training went forward at the location designated and the grievor did not attend. Therefore, it submitted that there had been no breach of the collective agreement.

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.

3Having carefully considered the evidence put before me including documents submitted by the union, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby deny the grievance.