HomeMy WebLinkAbout2011-2239.Beausoleil.12-11-13 Decision
Crown Employees
Grievance
Settlement Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2011-2239, 2011-2247, 2011-2405, 2011-2439, 2011-2648, 2011-3293, 2012-0538, 2012-
0785, 2012-1457, 2012-2313, 2012-2805
UNION#2010-0369-0250, 2011-0369-0739, 2011-0369-0764, 2011-0369-0771, 2010-0369-
0259, 2012-0369-0003, 2012-0369-0015, 2012-0369-0025, 2012-0369-0039, 2012-0369-0052,
2012-0369-0059
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Beausoleil) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Brian M. Keller Vice-Chair
FOR THE UNION Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Bart Nowak
Ministry of Government Services
Centre for Employee Relations
Staff Relations Officer
HEARING November 8, 2012.
- 2 -
Decision
[1] The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a
“True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions,
which include the facts and authorities each relies upon. This decision is issued in accordance
with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
[2] The grievances in this case relate to various matters.
[3] After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the some of the grievances have no merit and should be dismissed, others are
questionable merit and others may have some merit. Accordingly,
1. I order the employer to pay the grievor the sum of $1500.00, less deductions
required by law as sick pay top-up.
2. I order the employer to remove the letters of counsel in the grievor’s file
relating to these grievances.
3. I order the employer to remind, and review with, managers the ADI policy
and abide by its terms.
4. I order the employer to arrange for mediation between the grievor and affected
managers through the Mediation Network. The grievor is to be entitled to
have a support person present during the mediation(s).
[4] I remain seized as required.
Dated at Toronto this 13th day of November 2012.
Brian M. Keller, Vice-Chair