GSB# 2016-1303; 2016-1864; 2016-2372; 2016-2386; 2016-2385

UNION# 2016-0247-0019; 2016-0247-0026; 2016-0247-0029;

2017-0247-0002; 2071-0247-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Barrieau et al)

Union

• and -

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

Employer

BEFORE

Brian P. Sheehan Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Justin O’Gorman Treasury Board Secretariat Employee Relations Advisor

HEARING

January 18, 2022 (by video conference)

DECISION

1The Employer and the Union at the Bradford Jail agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent.

2These grievances relate to the Brantford Jail, which, ostensibly, was permanently closed as of the end of 2017.

Grievor Union File GSB File

(Barrieau et al) 2016-0247-0019 2016-1303

(Prince et al) 2016-0247-0026 2016-1864

(Ozimec et al) 2016-0247-0029 2016-2372

(Prince et al) 2017-0247-0002 2016-2386

(Morris et al) 2017-0247-0001 2016-2385

3The grievances generally relate to a pilot project with respect to the introduction of the E-Roster scheduling system undertaken by the Employer at the Brantford Jail.

4The subject matters addressed in the grievances include general allegations of short staffing and a failure to backfill positions as well as the breaching of the overtime protocol and the escort protocol, a lack of transparency associated with the E-Roster system, and a failure to schedule FXT employees two weeks in advance.

5The Employer acknowledges that issues did arise associated with the introduction of the E-Roster scheduling system at the Brantford Jail. In certain circumstances, those issues may have given rise to a potential finding that there had been a violation of the collective agreement. In terms of remedy, the Union is seeking the issuance of a declaration(s) that the Employer violated the collective agreement. Given the nature of the issues involved and the passage of time, it is my view that it would not serve any labour relations purpose to issue declaratory relief even if there was a finding of a violation of the collective agreement.

6Against that background, the above grievances are, hereby, dismissed.