HomeMy WebLinkAbout2006-1452.Schwartz et al.08-04-14 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2006-1452
UNION# 2006-0411-0035
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Schwartzet al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Reva Devins
FOR THE UNION Scott Andrews and Stephen Giles
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER Faith Crocker and Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
April 9, 2008.
2
Decision
The parties have agreed to use the Expedited Mediation-Arbitration Protocol to resolve
grievances at the Ottawa - Carleton Detention Centre. It is not necessary to reproduce the entire
Protocol here. It is sufficient to state that the parties have agreed that this matter be decided as a
?True Mediation-Arbitration?. The Vice Chair is required to resolve the grievance immediately
following a failed mediation based on the evidence provided in the mediation session. The Vice-
Chair?s decision will be issued within fifteen days, without reasons and without precedent and
prejudice.
This is a group grievance filed on behalf of nurses at this facility. The Grievors object to the
Employer?s decision to hire new nurses at a wage rate that is at the top of the wage scale. The
grievance claims that this constitutes unfair treatment contrary to Article 2 of the Collective
Agreement. As a remedy, the Grievors request that all nurses be paid at the top rate, retroactively
to their start date.
Having heard the submissions of the parties, I am not satisfied that there has been any violation
of the Collective Agreement. Although I appreciate the frustration that this situation engenders,
management is entitled to hire new employees at the top of the wage grid. The grievance is
dismissed.
th
Dated at Toronto, Ontario, this 14 day of April, 2008
Reva Devins
Vice-Chair