HomeMy WebLinkAbout2006-1309.Narhi et al.07-01-15 Decision
Crown Employees
Grievance Settlement
Board
Commission de
reglement des griefs
des employes de la
Couronne
Nj
~
Ontario
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2006-1309,2006-1726,2006-1728,2006-1729, 2006-1731, 2006-1734
UNION# 2006-0252-0007,2006-0252-0013, 2006-0252-0015, 2006-0252-0016, 2006-0252-0018,
2006-0252-0021
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Narhi et al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin
Corporate Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
November 8,2006.
WRITTEN
SUBMISSIONS
January 10,2007.
2
Decision
The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have
agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with
submissions, which include the facts and authorities each relies upon. The process adopted by
the parties provides for a canvassing of the facts during the mediation phase under the Protocol.
Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement,
without reasons, and are without prejudice or precedent. The parties were unable to resolve this
matter in mediation.
Accordingly, the matter has been referred to me as a True
Mediation/Arbitration decision under the Protocol.
FACTS
The grievors all claim they are entitled to a bank more than 12 hours of compensating time off
(CTO) for working on statutory holidays. In this regard, they rely on a practice that was in place
at the Mimico facility. The employer responds that the collective agreement only provides for 12
hours of total hours CTO. The employer acknowledges the practice was different at Mimico for
a time, but that the Mimico practice was in error, and has since been corrected.
3
DECISION
After reviewing the facts and the submissions of the parties, it is my view that these grievances
should be dismissed.
Dated at Toronto, this 15th day of January, 2007.
Barry