HomeMy WebLinkAbout2007-1554.MacGillivray.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
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2007-1554
UNION#2006-0122-0016
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(MacGillivray)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNIONStacey Zafiriadis
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYERNicholas Sapp
Employee Relations Advisor
Ministry of Children and Youth Services
HEARINGJuly 23, 2008.
2
Decision
The Employer and the Union at the Bluewater Youth Centre agreed to participate
in the Expedited Mediation-Arbitration process. A number of the grievances were
settled through that process. However, a few remained unresolved and therefore
require a decision from this Board. In accordance with the agreement of the parties,
decisions dealing with those grievances that were not resolved 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.
Cathy MacGillivray is a Cook 2 with the Employer. In February 2006 she filed a
grievance that alleged she should have been called in for two overtime shifts in
September of 2005. It was the grievor?s position that because there was only one
Cook 2 at work that day, it was inappropriate for the Employer to assign a Food
Services Helper instead of a second Cook .
After hearing the facts and submissions I am of the view that there has been no
violation of the Collective Agreement and accordingly, the grievance is dismissed.
th
Dated at Toronto, this 8 day of August 2008.
Felicity D. Briggs
Vice-Chair