HomeMy WebLinkAbout2004-0986.Garnett.04-09-22 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2004-0986
UNION# 2004-0411-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Garnett) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Loretta Mikus Vice-Chair
FOR THE UNION Scott Andrews
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Lucy Neal
Semor Staff RelatIOns Officer
Mimstry of Commumty Safety and
CorrectIOnal ServIces
HEARING September 10 2004
2
DeCISIon
The parties referred this gnevance to mediation/arbitration In accordance
with Article 22 16 of the Collective Agreement. The gnevance dated
February 06, 2004 Involves attendance/vacation credit reports The Union
seeks the declaration that the Collective Agreement has been violated and
seeks that the Employer be directed to comply with the Collective
Agreement.
At the outset of the heanng, the parties agreed that I exercise my
Junsdlctlon to decide this matter, and requested that I Issue a decIsion,
without reasons
Having carefully reviewed the eVidence presented and the submissions of
the parties, I am satisfied that the Union has satisfied ItS onus to prove that
the Employer has failed to comply with Article 45 of the collective
agreement. That provIsion mandates that the obligation IS on the Employer
to advise employees of their vacation and attendance credits While It can
offer access to this Information through the WIN system, It must be done In
a manner that satisfies the requirements of the collective agreement. If that
access IS limited by availability, knowledge or training, It will not comply
with Article 45 and the Employer IS ordered to provide that Information In a
more meaningful way
I shall remain seised should the parties encounter any difficulties anslng In
the Implementation of this order
Accordingly, the aforementioned gnevance IS resolved
Dated at Toronto this 22nd day of September 2004
Loretta Mikus, Vice-Chair