HomeMy WebLinkAbout2001-1630.Union Grievance.03-12-04 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2001-1630
UNION# 02U014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Umon Gnevance) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of PublIc Safety and Secunty) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Nelson Roland
Ryder Wnght Blair & Doyle
BarrIsters and SOlICItorS
FOR THE EMPLOYER Len HatzIs and Sunee1 Bahal
Counsel
Management Board Secretanat
HEARING Apnll0 May 13 15 June 17 18 and
December 2, 2003
2
DECISION
In order to address applIcatIOns before the Ontano Labour RelatIOns Board filed In 2001
wIth respect to certaIn events at the Toronto West DetentIOn Centre ("Toronto West"), the partIes
entered Into a Memorandum of Settlement ("the Memorandum") dated December 17 2001 As
reflected In the Memorandum, the Employer agreed to pay employees lIsted In Schedules B C
and D for theIr shIfts commencIng on November 6 2001 and the partIes agreed that, as a Vice-
Chair of the Gnevance Settlement Board, I have the JunsdIctIOn to determIne the employees'
entItlement to pay for these ShIftS ThIS proceedIng has had many heanng days dunng whIch I
heard a consIderable amount of eVIdence The partIes have made submIssIOns wIth respect to
both the ments of the case and the remedIal Issues before me
HavIng regard to the posItIOns of the partIes and the chronology of the relevant events at
the Toronto West, I find It appropnate to make the folloWIng orders
(1) The partIes at the local level shall meet to determIne who IS properly
on the "B" lIst for the purposes of thIS DeCISIOn and shall produce a
lIst In thIS regard wIthIn ten workIng days of the date of thIS DeCISIOn.
The cntena assocIated wIth those who are not properly on the lIst Include,
but are not lImIted to staff who were on a pre-approved leave of absence on
November 6 2001 and/or those who never receIved an ImtIaI deductIOn
by the Mimstry or subsequent reImbursement, and/or those who are no longer
employed wIthIn the Mimstry
(2) Those persons properly on the "B" lIst shall have the eqUIvalent of 1j of
theIr pay for theIr ShIft of November 6 2001 returned to the Mimstry wIthIn
60 days of the date of thIS DecIsIOn.
3
ThIS DecIsIOn IS a full and final resolutIOn of all of the Issues ansIng out of the settlement
of the Labour RelatIOns Board applIcatIOns, as reflected In the Memorandum I wIll remaIn
seIzed to resolve any dIsputes between the partIes ansIng out of thIS DecIsIOn.
Dated at Toronto thIS 4th day of December 2003