HomeMy WebLinkAbout2005-3467.Spicer.06-05-08 Decision
Crown Employees Commission de Nj
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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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# 2005-3467
UNION# 2005-0337-0029
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(SpIcer) Union
- and -
The Crown In RIght of Ontano
(Mimstry of ChIldren and Youth ServIces) Employer
BEFORE Reva DevIns Vice-Chair
FOR THE UNION Stephen GIles
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Nicholas Sapp
Employee RelatIOns AdvIsor
Mimstry of ChIldren and Youth ServIces
HEARING May 2, 2006
2
DeCISIon
The partIes have agreed to an expedIted medIatIOn-arbItratIOn process to resolve gnevances at
the BrooksIde Youth Centre In Cobourg. Although a formal protocol has not been finalIzed, the
partIes have agreed to attempt to settle matters at medIatIOn and, If medIatIOn IS not successful, to
refer appropnate cases to expedIted arbItratIOn. The partIes specIfically agree that the Vice Chair
can hear the matter under ArtIcle 22 16 of the collectIve agreement and that the decIsIOn wIll be
wIthout preJudIce or precedent.
In thIS case, the gnevance asserts that allocated assIgnments were Improperly determIned on the
basIs of gender The gnevor seeks compensatIOn by way of premIUm pay for ShIftS he claims
were Improperly reassIgned.
The partIes agree that It IS not appropnate for the employer to consIder an IndIVIdual's gender In
determInIng whether they are qualIfied to perform the normal dutIes of a Youth ServIce Officer
("YSO") Consequently YSO's should not be assIgned or reassIgned on the basIs of gender
subJect only to certaIn operatIOnal reqUIrements of the facIlIty such as the performance of search
and escort dutIes
With respect to the gnevor's request for "performance or premIUm pay" havIng consIdered the
submIssIOns of the partIes, I find that there IS no entItlement to premIUm pay In the CIrcumstances
of thIS case
The gnevance IS dIsmIssed.
Dated at Toronto thIS 8th day of May 2006
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Vice-Chair