HomeMy WebLinkAbout2002-1870.Stevens.03-12-16 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2002-1870
UNION# 2002-0108-0045
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Stevens) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of PublIc Safety and Secunty) Employer
BEFORE Bram HerlIch Vice-Chair
FOR THE UNION Jim Paul and Stephen GIles
Gnevance Officers
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Greg GledhIll
Staff RelatIOns Officer
Mimstry of PublIc Safety and Secunty
HEARING December 12, 2003
2
DECISION
ThIS was one of many cases dealt wIth by the partIes on three days of medIatIOn held on
December 10-12, 2003 to deal wIth outstandIng gnevances out of ElgIn Middlesex DetentIOn
Centre Many of those cases were resolved by way of settlements or wIthdrawals Some wIll
have to be advanced to the Board for further medIatIOn and/or arbItratIOn.
There were, however a number of cases, lIke the Instant one, whIch the partIes agreed
ought to be dIsposed of through the medIatIOn/arbItratIOn procedure contemplated under ArtIcle
22 16 To that end, the partIes agreed that I ought to make a final determInatIOn on the basIs of
the InformatIOn provIded to me dunng the course of the medIatIOn process I also gave the partIes
a full opportumty to make submIssIOns whIch I consIdered pnor to ISSUIng any rulIng. To further
expedIte the process and In VIew of the lack of precedentIal value assocIated wIth thIS decIsIOn
under the terms of ArtIcle 22 16 7 the partIes asked that I not Include any reasons In thIS
decIsIOn.
ThIS gnevance related to a claim that the employer ought to have called In the bargaInIng
umt maIntenance mechamc on a statutory holIday to perform a mInor task not ImmedIately
requmng any specIalIzed techmcal or skIlled trades expertIse There was no dIspute that had the
need ansen whIle the gnevor was at work, the task would have been performed by hIm Instead,
It was done by a supervIsor who reqUIred no specIalIzed tools and roughly five mInutes In ItS
completIOn.
HavIng consIdered the InformatIOn and submIssIOns placed before me, I hereby dIrect as
follows
The gnevance IS dIsmIssed.
Dated at Toronto thIS 16th day of December 2003
a.~iW~ ~L;<.,_" .J -.
Bram Her ich, VIce-Chairperson