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HomeMy WebLinkAbout2004-1000.Cooper et al.04-09-24 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... 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# 2004-1000 2004-1003 2004-1004 2004-1007 2004-1878 UNION# 2004-0411-0033 2004-0411-0036 2004-0411-0037 2004-0411-0040 2004-0411-0080 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Cooper et al) 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 these gnevances to mediation/arbitration In accordance with Article 22 16 of the Collective Agreement. The gnevances were filed In May of 2004 and Involve a community escort matter The Union seeks the declaration that the community escort agreement has been violated and seeks the compensation for missed overtime opportunities 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 Employer did not follow the protocol for calling In community escorts on May 7, 2004 as defined In the Overtime Protocol for the Ottawa Carleton Detention Centre The parties are to determine who should have been called In according to that protocol and compensate them accordingly 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 24th day of September 2004 x . . ....."C Loretta Mikus, Vice-Chair