HomeMy WebLinkAbout2006-1868.Moriarty.08-07-03 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
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GSB# 2006-1868
UNION# 2006-0234-0325
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Moriarty)
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, Stephen Giles, Peter Wright
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER Greg Gledhill and Faith Crocker
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING
May 22, 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 in this case relates to allegations by the grievor that the employer?s request for two
Independent Medical Examinations (IME?s) was motivated by anti-union animus.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion
that the grievance should be dismissed
rd
Dated at Toronto, this 3 day of July, 2008.
Barry Stephens, Vice-Chair