GSB# 2019-2736

UNION# 2020-0229-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Johnston)

Union

• and -

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

Employer

BEFORE

Ian Anderson 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

January 13, 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 Ontario Correctional Institute agreed to participate in the Expedited Mediation-Arbitration process with respect to this and other grievances in accordance with the negotiated protocol.

3The Grievor was scheduled to work night shifts on January 6, 7, 10, 11 and 12, 2020. He learned that he was required to attend a hearing at the Grievance Settlement Board during the day on January 8, 2020. He requested the Employer switch his shifts “accordingly”. The Employer switched his January 7 night shift for a January 8 day shift, which he was then given off pursuant to the collective agreement to attend the hearing. In the result, the Grievor did not have two consecutive days off in the calendar week of January 6 to 12, 2020. The Grievor alleges this is a breach of the collective agreement.

4Having considered the representations of the parties, I would not grant a remedy even if there was a breach of the collective agreement.