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HomeMy WebLinkAbout2010-2075.Vrabel.13-05-09 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#2010-2075 UNION#2010-0135-0029 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Vrabel) 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 Tim Mulhall Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Sean Milloy Ministry of Government Services Centre for Employee Relations Staff Relations Advisor HEARING March 21, 2013. -2 - Decision [1] Ms. Carol Vrabel, who was a nurse on a fixed term contract at Windsor, grieved on October 29, 2010, that the employer breached the collective agreement when her contract was not renewed in 2010. The employer submitted that 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 grant this grievance in part and order the employer to reinstate the grievor to a fixed term contract within 14 days of this decision. The grievor’s original start date shall remain the same. I have decided not to award any financial compensation. Dated at Toronto this 9th day of May 2013. Deborah J.D. Leighton, Vice Chair