HomeMy WebLinkAbout2012-0835.McLaughlin.13-02-12 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#2012-0835
UNION#2012-0708-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McLaughlin) 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 Brian Scott
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING October 24, 2012.
- 2 -
Decision
[1] Rev. Kerry McLaughlin, a Duty Chaplain at the Thunder Bay Correctional Centre, filed a
grievance on February 1, 2012, alleging that the employer had not paid her shift differential
for weekend work pursuant to article 6.1.3 of the collective agreement. She sought to be
compensated for losses back to 2009. The employer submitted that there was no violation of
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 grant the grievance in part and award shift differential of $96.00 to be
paid to the grievor forthwith.
Dated at Toronto this 12th day of February 2013.
Deborah J.D. Leighton, Vice-Chair