HomeMy WebLinkAbout2005-1768.Stellato.06-05-23 Decision
Crown Employees Commission de Nj
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
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GSB# 2005-1768
UNION# 2005-0517-0043
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Stellato) Union
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Scott Andrews
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Faith Crocker
Staff RelatIOns Officer
Mimstry of Commumty Safety and
CorrectIOnal ServIces
HEARING May 17 2006
2
DeCISIon
The partIes have agreed to an ExpedIted MedIatIOn-ArbItratIOn Protocol It IS not necessary to
reproduce the entIre Protocol here Suffice It to say that the partIes have agreed to a "True
MedIatIOn-ArbItratIOn" process, whereIn each provIdes the vIce-chair wIth submIssIOns, whIch
Include the facts and authontIes each relIes upon. The process adopted by the partIes provIdes
for a canvaSSIng of the facts dunng the medIatIOn, although the vIce-chair has the dIscretIOn to
request further InformatIOn or documentatIOn. ArbItratIOn decIsIOns are Issued In accordance
wIth ArtIcle 22 16 of the collectIve agreement, wIthout reasons, and are wIthout preJudIce or
precedent.
The gnevance In thIS case relates to Frank Stellato Mr Stellato has been an actIng OM16 SInce
November 2004 The OM16 posItIOns are management posItIOns outsIde of the collectIve
agreement. SInce transferrIng to the ActIng OM16 posItIOn, Mr Stellato has been paid a rate
calculated on the basIs of the OM16 rate that IS at least 3% hIgher than hIS prevIOus C02 rate
Mr Stellato gneves that hIS rate of pay as an OM16 IS set by Art. 7 1 2 of the collectIve
agreement, and has not been adJusted to keep pace wIth the Increases he would have receIved
had he remaIned In the C02 posItIOn. He argues that the "3% rule" should be re-applIed
whenever hIS former rate IS adJusted, and that he should be compensated accordIngly
The employer responds that the matters at Issue are beyond the JunsdIctIOn of the GSB as they
deal wIth pay matters for the gnevor In hIS capacIty as a manager outsIde the bargaInIng umt,
and outsIde the ambIt of the collectIve agreement.
3
After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my conclusIOn
that I do not have the JunsdIctIOn to rule on thIS gnevance
Dated at Toronto thIS 23rd day of May 2006