HomeMy WebLinkAbout2006-3059.Unger.07-11-28 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
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Ontario
GSB# 2006-3059
UNION# 2007-0135-0007
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
(Unger)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Reva Devins
Steven Giles
Grievance Officer
Ontario Public Service Employees Union
Karen Martin, Brian Scott
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
November 21,2007.
Union
Employer
Vice-Chair
2
Decision
The parties have agreed to use the Expedited Mediation-Arbitration Protocol to resolve
grievances at the Windsor Jail. It is not necessary to reproduce the entire Protocol here. It is
sufficient to state that the parties have agreed that this matter is to be decided as a "True
Mediation-Arbitration". The Vice Chair, based on the evidence provided during the mediation
session, is required to immediately resolve a grievance following a failed mediation. The Vice
Chair's decision will be without reasons, without precedent and prejudice and issued within 15
days.
In this case, the grievance asserts that the grievor's shift on December 4,2006 was improperly
cancelled. The Grievor was scheduled to work a full shift on December 4, 2006. He attended at
the institution and was sent home after two hours due to insufficient work. The Grievor
submitted that although he was an unclassified employee, the Employer should have sent home a
less senior unclassified employee. The Employer denied any violation of the collective
agreement. The Employer stated that the Grievor was the last person called in for this shift and
he was therefore the appropriate employee to send home. It was further submitted that seniority
has a very limited application for unclassified employees, as set out in Appendix 24, and does
not apply in this instance.
Having considered the submissions of the parties I have determined that there has been no
violation of the Collective Agreement. The grievance is dismissed.
~. Dated at T~ day of November 2007
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Reva Devins
Vice-Chair