HomeMy WebLinkAbout2014-2694.Cowal.16-03-24 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#2014-2694
UNION#2014-5112-0084
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cowal) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Marilyn A. Nairn Vice-Chair
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING March 23, 2016
- 1 -
Decision
[1] The parties agree that I have the jurisdiction to hear and determine this
grievance. The matter was set down for hearing at which time the parties engaged in
discussions in order to determine whether there was a means of resolving the
grievance. Terms of settlement that included the grievor’s return to work were amenable
to both parties. However the location of the grievor’s return to work remained an
outstanding issue.
[2] In the particular circumstances and pursuant to Article 22.16 of the collective
agreement, the parties requested that I make a determination as to the appropriate
location. Having regard to the parties’ positions and to the circumstances giving rise to
the grievance, I find that, at this time, a return to work at the grievor’s previous location
would not be in either the interests of the employer or the grievor. In confirmation of the
oral ruling made, I hereby direct that the grievor return to work at the Toronto East
Detention Centre. All other terms of that return to work remain the subject of the parties’
agreement.
Dated at Toronto, Ontario this 24th day of March 2016.
Marilyn A. Nairn, Vice Chair