GSB# 2009-2818; 2012-2447; 2012-2502; 2012-4754; 2013-0134; 2013-0135; 2013-0544; 2013-3180; 2013-3181; 2015-1522; 2015-2589; 2016-1259; 2016-1260; 2017-2976; 2017-3049;

2018-0913

UNION# 2009-0368-0174; 2012-0368-0145; 2012-0642-0044; 2013-0642-0009; 2013-0368-0038; 2013-0368-0039; 2013-0642-0017; 2013-0368-0157; 2013-0368-0158; 2015-0642-0025;

2015-0252-0008; 2014-0252-0008; 2014-0252-0009; 2017-0369-0022;

2017-0616-0013; 2018-0252-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Buxton et al)

Union

• and -

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

Employer

BEFORE

Daniel Harris

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

January 7, 2020

DECISION

1Offenders incarcerated at Provincial correctional institutions on occasion require community based services such as attendance at hospitals.

2The parties executed a Memorandum of Settlement dated July 11, 2004 relating to community escorts. The MOS also incorporated Appendix A (Revised March 22, 2005). Both documents are applicable to the instant matters.

3The Union has filed grievances relevant to the implementation of the MOS and Appendix A (Revised Mach 22, 2005).

4Appendix A (Revised March 22, 2005) sets out the sequential procedure institutions must follow for the assignment of community escorts.

5The Parties presented a number of questions to be addressed by the Grievance Settlement Board. The Parties have agreed to the following consent order being issued.

6I hereby order the following:

Question 1: Is the Employer obligated to utilize Classified Correctional officers to perform Community Escorts prior to utilizing Unclassified / FXT Correctional Officers?

The Employer is obligated to utilize Classified Correctional Officers prior to utilizing Fixed-Term Correctional Officers to perform community escorts to the extent required pursuant to Appendix A (Revised March 22, 2005).

Question 2: Is the Employer allowed to bypass the protocol and assign the same Staff to continuously perform escorts?

Pursuant to Appendix A (Revised March 22, 2005) the Employer is not allowed to by-pass the protocol and therefore cannot assign the same staff to continuously perform community escorts.

Question 3: Can the Employer hire Police Services to perform the escort when Correctional Staff are available to perform the assignment?

The Employer cannot hire Police Services to perform a community escort where Correctional staff are available, pursuant to Appendix A (Revised March 22, 2005), to perform the assignment.

Question 4: Is the Employer required to assign escort duties to COs according to the lowest number of community escort hours?

Community Escort duties must be assigned to Correctional Officers with the lowest number of community escort hours as outlined in the sequence contained in Appendix A (Revised March 22, 2005).

7The above is subject to operational needs which may be identified in Appendix A (Revised March 22, 2005).

8Having issued this order I remain seized of all issues arising out of these grievances.