HomeMy WebLinkAbout2003-1137.Banks.06-12-18 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 2003-1137
UNION# 2003-0234-0162
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Banks)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
Rena Khan
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
December 13, 2005.
Union
Employer
Vice-Chair
2
Decision
The parties agreed to an Expedited Mediation-Arbitration Protocol for the Maplehurst
Correctional Complex. It is not necessary to reproduce the entire Protocol here. Suffice it to say
that the parties have agreed to an expedited process wherein each party provides the vice-chair
with written submissions, which include the facts and authorities the party intends to rely upon,
one week prior to the hearing. At the hearing, oral evidence is not called, although the vice-chair
is permitted to request further information or documentation. In addition, if it becomes apparent
to the vice-chair that the issues involved in a particular case are of a complex or significant
nature, the case may be taken out of the expedited process and processed through "regular"
arbitration. Although individual grievors often wish to provide oral evidence at arbitration, the
process adopted by the parties provides for a thorough canvassing of the facts prior to the
hearing, and leads to a fair and efficient adjudication process. Arbitration decisions are issued in
accordance with article 22.16 of the collective agreement and, therefore, are without precedent.
FACTS
The grievor alleged that he had been improperly "bumped or terminated" from his position as
Cook 2 at Maplehurst. The union advised the Board that it had attempted to contact the grievor
by mail but that no response had been received from the grievor. The grievor currently works as
a full-time cook at the Hamilton-Wentworth Detention Centre.
3
DECISION
After reviewing the submissions of the parties, it is my conclusion that the grievance should be
dismissed.
Dated at Toronto, this 18th day of December, 2006.