HomeMy WebLinkAbout2006-1818.Hart.08-05-15 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# 2006-1818
UNION# 2006-0530-0042
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hart)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Scott Andrews and Stephen Giles
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie and Faith Crocker
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING April 24, 2008.
2
Decision
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that 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. This decision is issued in accordance with the
Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
The grievance relates to the requirement for the grievor to undergo a CPIC clearance when
moving between jobs but within the same ministry.
I have concerns about the apparent lack of consistency with regards to the employer?s requests
for CPIC clearances. Although, in this instance, the request did not impede the grievor?s transfer
between positions within the Ministry, it would seem appropriate for the employer to adopt a
policy, if it has not already done so, in order that employees may understand when, and under
what circumstances, a clearance will be required.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion
that the grievance should be dismissed.
th
Dated at Toronto, this 15 day of May, 2008.
Barry Stephens, Vice-Chair