HomeMy WebLinkAbout2004-1099.Davidson.06-02-16 Decision
Crown Employees Commission de Nj
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2004-1099
UNION# 2004-0234-0337
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(DavIdson) 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
2
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 gnevor was assIgned to work from 1500 to 2300 on Apnl 24 2004 Dunng her ShIft she
was asked to stay untIl 0700 the next day She declIned, statIng that she had been up SInce 0730
that day and had to go home In order to care for her chIldren. Later the employer declared an
emergency sItuatIOn and the gnevor was reqUIred to stay beyond her shIft. The gnevor managed
to find chIld care for her chIldren overnIght.
After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, I order the gnevor
should be awarded $200 00 In damages
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Dated at Toronto thIS 16th day of February 2006