GSB# 2015-0392; 2015-0393; 2015-0394; 2015-0395; 2015-0396

UNION# 2015-0234-0060; 2015-0234-0061; 2015-0234-0062; 2015-0234-0063; 2015-0234-0064

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Haring)

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

Veronica Connors Treasury Board Secretariat Employee Relations Advisor

HEARING

January 22, 2019

DECISION

1Ms. Debbie Haring, a Correctional Officer 2 at Maplehurst Correctional Complex, filed five grievances on February 24, 2015, alleging that the employer breached Articles 2, 3, of the collective agreement. The grievances in substance allege the same complaint:

I grieve that the Crown Employees Bargaining Act under sections 30, 31, 32, 33 and 34 inclusive is illegal and the employer is knowingly violating Ontario Public Servants rights by knowingly violating the organizing principle of good faith and attempting to violate workers’ rights by ordering an “essential services contract” as deemed by the Supreme Court of Canada to be illegal.

The remedy sought is full redress and all entitlements under the collective agreement.

2The employer submitted that the board has no jurisdiction to review the essential services agreement between the parties. However, if there was jurisdiction, the agreement was to provide a minimal work force during a strike, and since there is no right to strike under the new collective agreement the issue is moot. Further, the grievances have not been filed within time limits, being some 13 years late. Lastly, there has been no breach of the collective agreement.

3The 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.

4Having carefully considered, the submissions of the parties on the grievances, as well as the jurisprudence of the Board, I hereby deny the grievances.