GSB#2016-1916

UNION#2016-5112-0132

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Jessop)

Union

• and -

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

Employer

BEFORE

D.J.D. Leighton

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

James Cheng Treasury Board Secretariat Employee Relations Advisor

HEARING

May 8, 2019

Decision

1Mr. Alain Jessop, an OAG 8 at the Toronto South Detention Centre, filed a grievance on November 2, 2016, which proceeded to a hearing on May 8, 2019. The grievance alleges that the employer violated Articles 2, 3 and 6, by not approving adequate compensation for the time to travel to attend a job interview for a Ministry position at Central North Correctional Centre in Penetanguishene.

2The employer approved 4 hours under Article 6.4. The union submitted that this was not enough, given it took 2 hours just to get to CNCC from TSDC, and 2 hours to return. This did not provide time for the interview. The grievor was advised by the employer that additional time “will have to be vacation or unpaid.” As a result, the grievor did not attend the interview.

3The employer noted that the grievor was approved for compensation of 4 hours and submitted that there was no breach of the collective agreement.

4The 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 hear this matter and asked that I issue a decision without precedent or prejudice, and without written reasons.

5Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby find and so declare that the employer breached Article 6.4 of the collective agreement, which provides that “an applicant who is invited to attend an interview within the regular service shall be granted time off with no loss of pay and with no loss of credits to attend the interview, provided that the time off does not unduly interfere with operating requirements.” In the circumstances, an order of compensation is not warranted.