HomeMy WebLinkAbout2005-2898.Duncan.06-06-12 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2005-2898
UNION# 2005-0234-0555
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Duncan)
Union
- and -
The Crown in Right of Ontario
(Ministry Community Safety and Correctional Services)
Employer
BEFORE Vice-Chair
Marilyn A. Nairn
FOR THE UNION Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Faith Crocker
Staff Relations Officer
Ministry Community Safety and Correctional
Services
HEARING
June 7, 2006.
2
Decision
The parties have agreed to an expedited mediation-arbitration process to determine
grievances at the Maplehurst Correctional Comp lex and Vanier Centre for Women. It is not
necessary to reproduce the entire protocol here. Su ffice it to say that the pa rties have agreed to
attempt to resolve matters at mediation; failing wh ich, they have agreed to utilize an expedited
arbitration process. At the h earing, oral evidence is not ca lled, although the Vice-Chair may
request further information or documentation. In addition, if it becomes appa rent to either party,
or to the Vice-Chair, th at the issues involved in a particul ar case are of a complex nature, the
case may be taken out of the expedited process and processed through ?r egular? arbitration.
Although individual grievors often wish to provide oral evidence at arbitration, the process
adopted by the parties provides for a thorough canvassi ng of the facts prior to, and at the hearing,
and leads to a fair and efficient adjudication process. The parties ag reed that I have the
jurisdiction to hear and determine this matter and they requested that I issue a without prejudice
decision, with no reasons.
In this case, the grievance asserts that the employer is in violati on of articles 2, 3 and
UN8 of the collective agreement by denying Shelia Duncan, the grievor, an overtime opportunity
on November 11, 2005.
Having heard the submissions of the partie s, and pursuant to Article 22.16 of the
collective agreement, this gr ievance is hereby dismissed.
th
Dated at Toronto, Ontario this 12 day of June, 2006.
Marilyn A. Nairn, Vice-Chair.