HomeMy WebLinkAbout2003-1301.Whaley et al.04-08-16 Decision
Crown Employees Commission de ~~
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
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GSB# 2003-1301
UNION# 2003-0438-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Whaley et al ) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Bram HerlIch Vice-Chair
FOR THE UNION Tim Mulhall
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Michael Bnscoe
Staff RelatIOns Officer
Mimstry of Commumty Safety and
CorrectIOnal ServIces
HEARING August 11 2004
2
DeCISIon
ThIS was one of many cases dealt wIth by the partIes on three days of medIatIOn held on
August 10-12, 2004 to deal wIth outstandIng gnevances out of the Rideau CorrectIOnal Centre
Many of those cases were resolved by way of settlements or wIthdrawals Some may 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.
FolloWIng the publIc servIce stnke In March oflast year there were dIscussIOns between
the partIes at the local level as to whether or not hours worked dunng the stnke ought to be
"balanced" The partIes agreed that thIS balancIng would take place It dId and the employer
performed the reqUIsIte calculatIOns In a manner whIch the umon does not dIspute conformed
wIth the collectIve agreement and the relevant Memorandum of Settlement. The Instant gnevors
who as a result of these calculatIOns, were found to consequently "owe" hours are now
challengIng the manner of the balancIng.
HavIng consIdered the submIssIOns of the partIes, thIS gnevance IS hereby dIsmIssed
Dated at Toronto thIS 16th day of August 2004
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Bram Herlich, Vice-Chairperson