HomeMy WebLinkAbout2011-3862.Linkert.13-02-13 DecisionCrown 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#2011-3862
UNION#2012-0530-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Linkert) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Deborah J.D. Leighton Vice-Chair
FOR THE UNION Laura Josephson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Victoria Fichtenbaum
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING November 14, 2012.
- 2 -
Decision
[1] Mr. Robert Linkert, a Correctional Officer at the Toronto Jail, grieved on February 24, 2012
that the employer breached Articles 2, 3 and 9 of the collective agreement when his transfer
to CECC was rescinded. He seeks full redress. The employer submitted it had not violated
the collective agreement.
[2] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16
of the collective agreement. At the outset of the hearing the parties agreed that I had the
jurisdiction to deal with this matter. They asked that I issue a decision without precedent or
prejudice, and without written reasons.
[3] Having carefully considered the submissions of the parties, as well as the jurisprudence of
the Board, I hereby deny the grievance.
Dated at Toronto this 13th day of February 2013.
Deborah J.D. Leighton, Vice-Chair