HomeMy WebLinkAbout2006-1467.Brooks.06-12-15 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# 2006-1467
UNION# 2006-0582-0106
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
(Brooks)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Deborah 1. D. Leighton
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
October 26,2006.
Union
Employer
Vice-Chair
2
Decision
The parties referred David Brook's grievance (2006-0582-0106) to mediation-arbitration in
accordance with Article 22.16 of the Collective Agreement. The grievance alleges that
management violated Article 3 of the Collective Agreement when the grievor did not get training
for a management position upon his return to work. The grievor had been scheduled for this
training before being away from work for some months because of an injury. The grievor seeks a
full time OM 16 position as a remedy. The employer took the position that the grievor had no
entitlement under the collective agreement to this training or the position.
At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter
and they requested in accordance with Article 22.16, that I issue a without prejudice decision,
with no reasons.
Having carefully reviewed the submissions of the parties as well as the jurisprudence of the
Board, I hereby deny the grievance.
Dated at Toronto this 15th day of December 2006.