HomeMy WebLinkAbout2004-1522.Flegg.08-08-12 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#2004-1522
UNION#2004-0440-0037
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Flegg)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNIONScott Andrews
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYERGary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
May 14, 2008.
2
Decision
Ms. Nancy Flegg grieved on January 28, 2004 that the employer has improperly calculated her
continuous service date. The employer agreed that it would review the grievor?s continuous
service date. The parties referred these grievances to mediation/arbitration in accordance with
Article 22.16 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.
Having carefully considered the submissions of the parties, this Board hereby orders:
1)That the employer has three weeks from the date of this decision to review the grievor?s
employment record and forward the relevant documents to the union for review.
2)Upon receipt of the documents from the employer, the grievor has three weeks to review
and respond to the employer.
3)Upon receipt of any response from the grievor or the union, the employer then has a
further two weeks to respond to the grievor.
4)If there is no response from the grievor within any of the above noted time limits, the
grievance will be deemed to be dismissed.
5)If an issue arises between the parties with regard to the continuous service date of the
grievor that cannot be resolved between them, I will remain seized of the dispute.
th
Dated at Toronto, this 12 day of August, 2008.
Deborah J.D. Leighton
Vice-Chair