HomeMy WebLinkAbout2004-1782.Burke et al.08-06-20 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# 2004-1782, 2004-1783, 2004-2810, 2004-3187
UNION# 2004-0234-0442, 2004-0234-0444, 2004-0234-0623, 2004-0234-0677
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Burkeet al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Scott Andrews and Stephen Giles
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING June 11, 2008.
2
Decision
The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated Protocol for grievances filed
on behalf of or by Bailiffs. A number of the grievances were settled through that
process. However, a few remained unresolved and therefore require a decision
from this Board. The Protocol provides that decisions will be issued within a
relatively short period of time after the actual mediation sessions and will be
without reasons. Further, the decision is to be without prejudice and precedent.
Paul Chmurzynski, George Burke and Patrick Hamel each filed grievances
regarding three job competitions that were held for Bailiffs in the summer of 2004.
One of the competitions was open only to females while the remaining two were
open to all staff at the Maplehurst Correctional Complex.
During the presentation of these grievances I was given an opportunity to hear
facts and submissions and to review various documents regarding these two job
competitions. The grievors were of the view that seniority was by-passed.
However, after a review of the process I am of the view that there has been no
violation of the Collective Agreement.
th
Dated in Toronto this 20 day of June 2008.
Felicity D. Briggs
Vice-Chair