HomeMy WebLinkAbout2012-4381.Frankenne.14-11-25 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#2012-4381
UNION#2013-0234-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Frankenne) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Jackie Crawford
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING November 12, 2014
- 2 -
Decision
[1] The Employer and the Union at the Vanier Centre for Women agreed to participate in the
Expedited Mediation-Arbitration process in accordance with the negotiated Protocol.
Many of the grievances were settled through that process. However, this grievance
remained unresolved and therefore requires a decision from this Board. The Protocol
provides that decisions will be issued within a relatively short period of time after the
actual mediation sessions and will be without reasons. Further, the decision is to be
without prejudice and precedent.
[2] Ms. Diane Frankenne is a classified Correctional Officer who filed a grievance alleging
that her Continuous Service Date is incorrect. The Employer’s view of grievor’s CSD is
May 1, 2006. The grievor stated on her grievance that her CSD should properly be
October 24, 2004. However, the Union suggested in the alternative that her CSD should
be January 9th, 2006.
[3] In large measure the difference between the parties is as the result of a number of weeks
where the grievor worked less than forty hours during her tenure as a fixed term
employee.
[4] The Employer raised an objection that this grievance is outside of the time limits set
down in the Collective Agreement. The Employer argued that if the grievor was of the
view that there were instances in 2009 and 2010 when she should have been scheduled to
work up to forty hours and the Employer failed to do so, she should have filed grievances
at those times. Her grievance in January of 2013 is simply out of time.
[5] The Union suggested that this is an instance when the Board should exercise its
jurisdiction to extend the time limits and determine the grievance on its merits.
[6] After consideration, I must uphold the Employer’s objection and accordingly, the
grievance is dismissed.
Dated at Toronto, Ontario this 25th day of November 2014.
Felicity D. Briggs, Vice-Chair