GSB# 2019-0530

UNION# 2019-0234-0149

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lindsay)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Laura McDonald Treasury Board Secretariat Employer Relations Advisor

HEARING

December 10, 2019

Decision

1The 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.

2On December 10 and 11, 2019 the parties at the Maplehurst Correctional Complex agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3This grievance relates to the decision of the Employer under Appendix 42 of the collective agreement to deny the Grievor’s request for a job share agreement.

4Having considered the representations of the parties, I find no breach of the collective agreement.

5Accordingly, the grievance is dismissed.