HomeMy WebLinkAbout2012-0733.Nash.15-10-14 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#2012-0733
UNION#2012-0551-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Nash) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Christopher Albertyn Vice-Chair
FOR THE UNION Eric del Junco
Counsel
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING October 5, 2015
- 2 -
Decision
[1] The grievor is subject to an accommodation arrangement that has enabled her to
work in Probation & Parole (P&P).
[2] The grievor’s home position is that of a Rehabilitation Officer at the Toronto South
Detention Centre (TSDC). The Ministry requires her to return to her home position,
asserting that an operational urgency exists that requires her to fill her position
there. This assertion is disputed by the union.
[3] Having heard the parties’ submissions on what interim arrangements should be
reached pending full consideration of the grievance, I issue the following directions:
1. The grievor’s secondment to P&P will end on November 27, 2015.
This extension is to enable the grievor to complete her P&P training
and to transfer her cases.
2. Prior to completing her secondment at P&P the grievor will use at
least 10 vacation days.
3. The grievor will assume her duties as the Rehabilitation Officer at
the TSDC on November 30, 2015, at which time she will perform
any orientation or training required by TSDC.
4. Should the grievor fail to take her position as directed on November
30, 2015, she will lose that position.
5. If the grievor so loses her position, a dispute will exist between the
parties as to her home position status.
6. Subject to the grievor’s unavoidable child care responsibilities, the
grievor will not have pre-approved vacation available to her in
December 2015 at the TSDC, but may apply under the policy and
practice at the TSDC.
7. Provided the grievor has used her vacation as directed under 2
above, notwithstanding the provisions of the collective agreement,
whatever vacation credit the grievor has on December 31, 2015 will
be carried over to her credit into 2016, to be used by December 31,
2016, subject to her entitlements under the collective agreement at
that date.
[4] This interim ruling is without prejudice to the issues in the grievance.
[5] I remain seized of the implementation of this interim ruling and of the grievance
generally.
Dated at Toronto, Ontario this 14th day of October 2015.
Christopher Albertyn, Vice-Chair