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HomeMy WebLinkAbout2006-0672.Bazaluk.07-09-26 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# 2006-0672,2006-0673,2006-1116,2006-1117, 2006-1118, 2006-1119 UNION# 2006-0708-0005,2006-0708-0006, 2006-0708-0009, 2006-0708-0010, 2006-0708-0011, 2006-0708-0012 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Bazaluk) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Deborah J. D. Leighton Vice-Chair FOR THE UNION Scott Andrews Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Karen Martin Employee Relations Officer Ministry of Community Safety and Correctional Services HEARING August 2, 2007. 2 Decision This decision addresses six grievances ofMr. David Bazaluk. The first alleges that the employer failed to pay call back premium when he was called at home regarding a work matter. The second alleges that his shift was changed with insufficient notice. Three grievances complain about changes to Road Crew duties and assignments and assert that management by making these changes is harassing him. He alleges further that the changes will result in the loss of a FTE (Full Time Equivalent). The parties agreed to an expedited hearing process under Article 22.16, which took place on August 2,2007. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter and they asked that I issue a decision without written reasons in accord with the provisions for expedited proceedings under Article 22.16. Having carefully considered the submissions of the parties, and the jurisprudence of the Board, I find that only the first grievance has merit. Thus, I hereby order the employer to pay the grievor four (4) hours at straight time (at the rate of pay in March 2006). With regard to Mr. Bazaluk's other grievances, I am satisfied that the employer has not breached the collective agreement. Dated at Toronto this 26th day of September, 2007. ~ . . "".:' I" jj .. .. .. ..~lij..... ~;c--thair ,- ll, ..