HomeMy WebLinkAbout2004-3493.Hutton.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
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2004-3493
UNION#2005-0440-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hutton)
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. Jessica Hutton grieved on January 4, 2005 that for the past nine (9) plus months, St.
Lawrence Valley Correctional Treatment Centre had denied her the right to perform bargaining
unit work (cleaner position) which continues to be performed by non-bargaining unit workers
(temp agency). The employer took the position that there had been no violation of the collective
agreement. 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, as well as the jurisprudence of the
Board, I hereby dismiss this grievance.
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Dated at Toronto, this 12 day of August, 2008.
Deborah J.D. Leighton
Vice-Chair