HomeMy WebLinkAbout2016-1890.Guichelaar et al.17-01-24 Decision
Crown 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#2016-1890
UNION#2016-0234-0184
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Guichelaar et al) 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 John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING January 18, 2017
- 2 -
Decision
[1] This is a decision of a group grievance, filed by fixed term Correctional Officers at
the Vanier Centre for Women. The group filed a grievance on November 1, 2016,
alleging that the employer breached Article 31 A.3.1, Article Cor 8 of the collective
agreement and HPRO and its policies. They allege that they should have been paid
premium pay for work scheduled on days off before their scheduled forty hours.
They seek full redress. The employer submitted that there was no violation of 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 deny the grievance.
Dated at Toronto, Ontario this 24th day of January 2017.
Deborah J.D. Leighton, Vice Chair