Grievance Settlement Board Decision: Ontario Public Service Employees Union vs. The Crown in Right of Ontario

Strategic Insights -

The Grievance Settlement Board has issued a decision in the arbitration case between the Ontario Public Service Employees Union (Union) and The Crown in Right of Ontario (Employer). The issue at hand was a grievance filed by the Union alleging a violation of Appendix COR 14 of the OPSEU Correctional Bargaining Unit Collective Agreement. The parties agreed to a Consent Order which addressed the Employer's contravention of the Collective Agreement and provided for future modifications to the OSI Module to be reviewed by the OSI Sub-Committee prior to implementation.

Key Takeaways:

  • The Employer acknowledged a contravention of paragraph 3 of Appendix COR 14 of the Collective Agreement, which provides for the OSI Sub-Committee to review OSI training content and provide feedback prior to implementation.
  • The Employer agreed to comply with paragraph 3 of Appendix COR 14 and to review any further modifications to the OSI Module for feedback by the OSI Sub-Committee prior to implementation.
  • The parties agreed that the OSI Module is currently not being taught in the field and that the Employer had endorsed the OSI Sub-Committee's joint recommendation to remove the OSI Module from the DDT Program.
  • The Grievance 2023-00150 was fully and finally resolved through this Consent Order.
  • The Consent Order is made on a without prejudice basis to both parties' positions in Grievance GSB No. 2020-0845 (OPSEU # 2020-999-0001).
  • Arbitrator Karimjee shall remain seized in the event that there are any difficulties with regard to the enforcement, implementation, or interpretation of this Consent Order.

Statistics:

  • The grievance was filed on March 24, 2023, and the arbitration hearing took place on August 29, 2024.
  • The parties agreed to the Consent Order on August 29, 2024.
  • The Consent Order was issued by the Grievance Settlement Board on September 17, 2024.
  • The OSI Module is currently not being taught in the field.
  • The Employer had endorsed the OSI Sub-Committee's joint recommendation to remove the OSI Module from the DDT Program.

Sources:

  • GSB No. 2023-00150 (OPSEU # 2023-0999-0006)
  • Appendices COR 6 and COR 14 of the OPSEU Correctional Bargaining Unit Collective Agreement
  • Grievance GSB No. 2020-0845 (OPSEU # 2020-999-0001)
  • September 17, 2024 decision by the Grievance Settlement Board