GSB# 2019-2872

UNION# 2019-0229-0065

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sylvester)

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

David Marincola Treasury Board Secretariat Employee Relations Advisor

HEARING

January 12, 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 and another employee were participants in a job sharing agreement. Article 4 of the agreement provides that if one of the participants is absent, the other participant will be given an opportunity to perform the absent participant’s work. In early November, 2019, the Grievor learned that the other participant had been absent for a number of shifts in September and October which had not been offered to her. She grieves seeking compensation equivalent to the pay which she would have received for working those shifts.

4Having considered the representations of the parties, the grievance is allowed. The Employer is directed to compensate the Grievor for the pay she would have received for working the shifts in question. I remain seized should there be any disputes with respect to the implementation of this direction.