GSB# 2018-3919; 2018-3936

UNION# 2018-0616-0013; 2018-0616-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Patirani)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Daniel DiCroce Treasury Board Secretariat Employee Relations Advisor

HEARING

February 9 and 10, 2021

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 January 12 and 13, 2021 the parties at the North Bay Jail agreed to participate in the Expedited Mediation-Arbitration process with respect to this and other grievances in accordance with the negotiated protocol.

3The two grievances addressed by this decision are essentially duplicative as they were both filed by the same grievor in relation to the same set of facts.

4The parties have entered into a local agreement with respect to the scheduling of fixed term employees. The preface to the agreement provides the scheduling practices adopted by the Employer “shall … provide Fixed Term Correctional Officers [FXT COs] a two week work schedule that is fair and equitable in the distribution of available hours”. Paragraph 2 of the agreement provides: “The employer agrees to distribute all shifts fairly and equitably to all fixed term staff. The initial assignments of hours will be determined by using their respective start dates. All subsequent assignments will be issued as per HPRO.”

5On November 2, 2018, the Grievor was scheduled for a two week period in accordance with the local agreement. On that schedule, the Grievor and five other FXT COs (the “five other FXT COs”) were scheduled to work a T7:30 on November 24. The Employer had assigned the Grievor to back fill the post of a regular CO scheduled for training on that shift. On November 6, the training session for the regular CO was cancelled. As a result the Grievor was advised that his November 24 shift was cancelled. This meant that as of November 6, the Grievor was scheduled to work 12 hours in the week of November 24 while the five other FXT COs were scheduled to work from 24 to 32 hours. The Union grieves this is in breach of the local scheduling agreement, in particular paragraph 2, and seeks 12 hours pay at straight time. Subsequently, on November 23, the Grievor was offered a T7:30 shift on November 24 and failed to respond.

6Having considered the representations of the parties, the grievances are denied.