GSB# 2002-1354; 2003-4063; 2004-3640; 2006-0144; 2007-2322; 2016-2860

UNION# 2002-0517-0001; 2003-0368-0034; 2005-0368-0008; 2006-0999-0003;

2007-0369-0083; 2017-0368-0023

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Charles et al)

Union

• and -

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

Employer

BEFORE

Bram Herlich

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

TELECONFERENCE

January 31, 2020

DECISION

1These grievances relate to the manner in which escort duties have been assigned in correctional institutions. They touch every institution in the province over periods of many years.

2There has already been much litigation. A number of substantive decisions have already been issued. I need not review them here. The parties are currently in the protracted process of resolving these matters in accordance with decisions that have been issued and/or agreements they have made.

3In the context of those efforts, the parties met on April 1, 2019 and agreed on a number of procedural and substantive steps to be followed.

4The union advises and the employer does not dispute that several tasks that were to have been completed by the employer, remain extant.

5Having regard to the submissions of the parties I hereby direct the employer to:

a) Seek out information for each institution regarding what payments related to this matter not been sent, have been sent and returned, and/or have not been cashed.

b) Make the payments for Walkerton in accordance with the payment allocation list provided by the union on April 4, 2019.

c) Seek out quarterly reports for the enumerated periods at the following institutions:

• Brantford (December 2005-March 2007)

• Sudbury (December 2005-October 2007)

• Sarnia (December 2005-October 2007)

• SLVTC/Brockville (December 2005-July 2007)

d) Advise the union whether it (the employer) has been able to locate the list pertaining to Boorman et. al.

6The employer is directed to comply with the terms of my order herein within 60 days of the date herein.