HomeMy WebLinkAbout2009-2089.Stewart.13-06-21 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#2009-2089
UNION#2009-0718-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Stewart) 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 Caroline Markiewicz
Ministry of Government Services
Centre for Employee Relations
Employee Relations Officer
HEARING January 30, 2013
- 2 -
Decision
[1] Mr. Glen Stewart, a CO at the Fort Frances Jail, grieved on July 20, 2009, that
the employer breached the collective agreement by denying his claim for
statutory holiday pay. The employer submitted it had not violated the
collective agreement and moreover the grievance was not referred to
arbitration in a timely manner.
[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 find that there has been no violation of the
collective agreement and hereby deny this grievance.
Dated at Toronto, Ontario this 21st day of June 2013.
Deborah J.D. Leighton, Vice-Chair