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HomeMy WebLinkAbout2004-3434.Smith.05-08-15 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# 2004-3434 UNION# 2005-0247-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (SmIth) Union - and - The Crown In RIght of Ontano (Mimstry of Commumty Safety and CorrectIOnal ServIces) Employer BEFORE Nimal V DIssanayake Vice-Chair FOR THE UNION GavIn Leeb Barnster and SOlICItor FOR THE EMPLOYER Andrew Baker Counsel Management Board Secretanat HEARING August 8 2005 CONFERENCE CALL August 11 2005 2 DeCISIon This decision pertains to a discharge grievance dated January 6, 2005 filed by Ms Kellie Smith, a casual correctional officer The employer moved that the Board lacked jurisdiction to deal with the grievance because a prior grievance dated December 10, 2004 filed by the grievor with respect to the same discharge had been settled by minutes dated December 13, 2004 signed by the employer, the union and the grlevor The union's position was two-fold It was submitted that the December 13, 2004 document titled "Memorandum of Agreement" was not on its face a typical settlement of grievance, and ought not be treated as such Alternatively, the union submitted that in any event such settlement ought not bar the grievor's right to grieve her discharge because at the time she signed it she was under such stress due to her personal circumstances, that she signed it under "duress" The union urged me to hear the evidence with regard to "duress" and determine, whether in the circumstances, the settlement is binding on the grlevor The employer opposed any inquiry into the issue of duress, and urged the Board to uphold the settlement document as a complete bar to any further grievance 3 The parties requested that I lssue a "bottom-line" decision with reasons to follow Having carefully considered the parties' submissions and authorities cited, I find that the December 13, 2004 document lS a valid and binding settlement of a prior grievance with respect to the grievor's discharge It bars a further grievance Therefore, the Board is without jurisdiction to deal with the instant grlevance In the result, the employer's motion is upheld and the grlevance lS dismissed Dated this 15th day of August, 2005 at Toronto, Ontario ~~ . . ,.... , .. .. ...... . . . , ~ . . . -, ~ .. ~~~~.~ Va. ..~ e~s~n:':::-.- ... .<:~~.