HomeMy WebLinkAbout2014-2518.Fitzpatrick.14-11-26 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#2014-2518
UNION#2014-0368-0140
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Fitzpatrick) 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 Alex Sawicki
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Gary Wylie
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING November 6, 2014
- 2 -
Decision
[1] Ms. Carrie Fitzpatrick, a Rehab Officer at CECC, grieved on July 25, 2014, that the employer
breached the collective agreement by denying her an overtime opportunity because of her
disability and accommodation. She seeks to be paid for 10 hours at time and a half. 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 grant the grievance and order the employer to pay the grievor her normal
rate of pay for 10 hours at time and a half.
Dated at Toronto, Ontario this 26th day of November 2014.
Deborah J.D. Leighton, Vice-Chair