GSB# 2016-1167; 2019-0585; 2019-0723

UNION# 2016-0616-0009; 2019-0617-0006; 2019-0678-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union)

Union

• and -

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

Employer

BEFORE

Gail Misra

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Counsel

HEARING

December 13, 2022; June 29 and November 9, 2023

Decision

1By a decision dated December 11, 2020 three grievances were decided (Ontario Public Service Employees Union v Ontario (Solicitor General), 2020 CanLII 105704 (ON GSB)). The issues raised in the grievances were common to each of the Algoma Treatment & Remand Centre, the North Bay Jail and the Sudbury Jail.

2In the decision I noted at para. 17 that although the Sudbury Jail Local Union had not provided any sample schedules to demonstrate the scope of the problem at that workplace, the parties had agreed that the outcome of the hearing applied to all three locations. At paras. 52 to 54 of the decision I summarized my findings, upheld the grievances, and remained seized in the event that the parties were unable to resolve any issues arising out of the award.

3As the parties were unable to resolve the monetary compensation issues, this hearing was re-commenced to address that matter. This decision addresses Grievance No. 2019-0617-0006, the Sudbury Jail Grievance.

4To date, and despite attempts over the last three years to ascertain if there were any individual claims for compensation out of the Sudbury Jail, no such claims have been identified. As already noted in the original decision, and above, although the Local at that institution filed a grievance, no information was made available to the Union in regard to the Sudbury Jail at the original hearings into the three grievances. In retrospect it is unclear why a grievance was filed for that institution.

5As such, since it is now apparent that there are no individuals from the Sudbury Jail affected by the original decision, in order to ensure finality in this matter, I hereby dismiss Grievance No. 2019-0617-0006.