HomeMy WebLinkAbout2006-0315.Baker.06-07-25 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
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2006-0315
UNION# 2006-0517-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Baker) Union
- and -
The Crown III 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 June 20 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 an "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 phase, 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 relates to the gnevor's claims for a senes of $6 00 meal allowances resultIng from
ShIft extenSIOns The claims all date back to 2003 and 2004 and were filed In January 2006
The gnevor states that he was not aware that he could make such a claim untIl Just pnor to the
date on whIch they were submItted. The 42 claims totalled $252 00 The employer responds that
the gnevances were all out of tIme, WIth the most recent pertaInIng to a ShIft worked late In 2004
GIven the passage of tIme, the employer asserts It IS not In a posItIOn to confirm that the
extenSIOns were worked under the condItIOns necessary to tngger the allowance
3
After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my conclusIOn
that the gnevance should be dIsmIssed.
Dated ~t Toronto thIS 25th day of July 2006