HomeMy WebLinkAbout2003-2543.Kerr et al.06-02-17 Decision
Crown Employees Commission de Nj
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2003-2543 2003-2544 2003-2545 2003-2546 2003-2547 2003-2548 2003-2549
2003-2550 2003-25512003-2559 2003-2560 2003-25612003-2562,2003-2563
2003-2564 2003-2565 2003-2566
UNION# 2003-0234-0450 2003-0234-0451 2003-0234-0384 2003-0234-0385 2003-0234-0386
2003-0234-0387 2003-0234-0388 2003-0234-0389 2003-0234-0390 2003-0234-0398
2003-0234-0399 2003-0234-0400 2003-0234-04012003-0234-0402,2003-0234-0403
2003-0234-0404 2003-0234-0405
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Kerr et al ) Union
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Stephen GIles
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Rena Khan
Staff RelatIOns Officer
Mimstry of Commumty Safety and
CorrectIOnal ServIces
HEARING December 13 2005
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DeCISIon
The partIes agreed to an ExpedIted MedIatIOn-ArbItratIOn Protocol for the Maplehurst
CorrectIOnal Complex. It IS not necessary to reproduce the entIre Protocol here Suffice It to say
that the partIes have agreed to an expedIted process whereIn each party provIdes the vIce-chair
wIth wntten submIssIOns, whIch Include the facts and authontIes the party Intends to rely upon,
one week pnor to the heanng. At the heanng, oral eVIdence IS not called, although the vIce-chair
IS permItted to request further InformatIOn or documentatIOn. In addItIOn, If It becomes apparent
to the vIce-chair that the Issues Involved In a partIcular case are of a complex or sIgmficant
nature, the case may be taken out of the expedIted process and processed through "regular"
arbItratIOn. Although IndIVIdual gnevors often wIsh to provIde oral eVIdence at arbItratIOn, the
process adopted by the partIes provIdes for a thorough canvaSSIng of the facts pnor to the
heanng, and leads to a fair and efficIent adJudIcatIOn process ArbItratIOn decIsIOns are Issued In
accordance wIth artIcle 22 16 of the collectIve agreement and, therefore, are wIthout precedent.
The gnevances relate to the gnevors' claims that they should have been gIven temporary
assIgnments at Maplehurst whIle they were workIng at Vamer The umon adduced eVIdence at
the heanng that reasonable efforts had been made to contact the gnevors, but they have not
responded.
After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my conclusIOn
that the gnevances should be dIsmIssed.
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Dated at Toronto thIS 1 ih day of February 2006