HomeMy WebLinkAbout2004-1166.Merson.08-08-08 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
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GSB#2004-1166
UNION#2004-0368-0037
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Merson)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNIONStephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYERGary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
March 5, 2008.
SUBMISSIONS
June 10, 2008.
2
Decision
Mr. Greg Merson grieved on February 13, 2004 that the use of force instructor competition, held
at Central East Correctional Centre on February 4, 2004 was ?flawed.? He alleged further that it
violated Article 3 of the collective agreement and that the competition was not conducted in a
fair and equitable manner. The employer took the position that there had been no violation of the
collective agreement.
At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter
and they asked that I issue a decision without written reasons in accord with the provisions for
expedited hearings under Article 22.16.
Having carefully considered the submissions of the parties, and the jurisprudence of the Board, I
find that there has been no breach of the collective agreement. Thus, I hereby dismiss this
grievance.
th
Dated at Toronto this 8 day of August, 2008.
Deborah J.D. Leighton
Vice-Chair