HomeMy WebLinkAbout2003-0237.Dunscombe.06-05-23 Decision
Crown Employees Commission de Nj
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2003-0237
UNION# 2003-0517-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Dunscombe) Union
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Scott Andrews
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Faith Crocker
Staff RelatIOns Officer
Mimstry of Commumty Safety and
CorrectIOnal ServIces
HEARING May 17 2006
2
DeCISIon
The partIes have agreed to an ExpedIted MedIatIOn-ArbItratIOn Protocol It IS not necessary to
reproduce the entIre Protocol here Suffice It to say that the partIes have agreed to a "True
MedIatIOn-ArbItratIOn" process, whereIn each provIdes the vIce-chair wIth submIssIOns, whIch
Include the facts and authontIes each relIes upon. The process adopted by the partIes provIdes
for a canvaSSIng of the facts dunng the medIatIOn, although the vIce-chair has the dIscretIOn to
request further InformatIOn or documentatIOn. ArbItratIOn decIsIOns are Issued In accordance
wIth ArtIcle 22 16 of the collectIve agreement, wIthout reasons, and are wIthout preJudIce or
precedent.
The gnevance In thIS case relates to Trevor Dunscombe Mr Dunscombe gneves that hIS ment
pay Increase was delayed for four months over the Chnstmas 2002 penod. He alleges that, as a
result of thIS delay he Incurred costs related to credIt car carryIng charges, as well as long
dIstance and travel costs related to hIS efforts to get the matter resolved. The gnevor also seeks
Interest In accordance wIth ArtIcle 22 18 1
The employer responds that It does not routInely pay addItIOnal costs related to delays In wage
Increases, any more than It would attempt to recover such costs from an employee In the event of
an overpayment. With respect to Interest, the employer advIses that It was prepared to pay the
Interest expense on July 23 2003 but the gnevor dId not accept the offer
3
After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, I order the employer
to pay the gnevor Interest up to July 23 2003 In accordance wIth the calculatIOn under ArtIcle
22 18 1
Dated at Toronto thIS 23rd day of May 2006
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