HomeMy WebLinkAbout2006-0810.Valaitis.07-02-05 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#2006-0810
UNION#2006-0530-0025
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
(Valaitis)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Felicity D. Briggs
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
Lucy Neal
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
January 22, 2007
Union
Employer
Vice-Chair
2
Decision
In the spring of 2005, at the Ministry Employee Relations Committee, the parties agreed to a
series of Memoranda of Agreement for each correctional facility in the Province to roll as over a
specified number of unclassified employees into resource position management classified
positions. In each of those documents the final paragraph stated that, "Felicity Briggs, Vice-chair
of the Grievance Settlement Board be seized with resolving any disputes arising from the
implementation of this Agreement/Settlement."
It was agreed in each case that these settlements were "without prejudice to the position of either
party". It follows that this decision has no presidential value.
In the Memorandum of Agreement for the Toronto Jail, the parties stated at paragraph 11:
The parties note that a "settlement" signed by local parties was not appropriate. In order
to address this issue the parties agree that the effective date of the employee's
appointment to the classified service will be no later than November 24, 2004. The
classified employee's rights and entitlements will flow from that date.
As a result of this improper settlement Laura Valaitis, a Correctional Officer from the Toronto
Jail was not properly rolled over. She filed a grievance in this regard that was put before me. By
way of remedy she asked for full redress.
There was no dispute between the parties that the grievance should be upheld. The only area of
dispute that was put before me for determination is the amount of money owing to the grievor as
the result of her not being placed on the local classified overtime protocol list.
After having heard the facts and the parties' submissions, I hereby order the Employer to pay
compensation in the amount of $21, 186. for the loss of overtime opportunity.
3
I remain seized in the event that there are difficulties flowing from this order.
Dated at Toronto, the 5th day of February. 2007.
Felicity D. Briggs