HomeMy WebLinkAbout2006-2299.Heinbuch.08-08-14 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# 2006-2299
UNION# 2006-0122-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Heinbuch)
Grievor
- 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.
Mr. Thomas Heinbuch is an unclassified Youth Services Officer. He filed a
grievance alleging the Employer violated the Collective Agreement by ?requiring
me to abide by Article 20A.2.5 where Article 20 does not apply to unclassified
employees per Article 31.A.16.1?. By way of remedy he requested ?payment with
interest of all monies (enhanced severance) repaid to the Employer at the time of
re-hire to an unclassified employee?.
I heard facts and submissions from the parties and from the grievor. In accordance
with the agreed upon process, it is not my intention to give reasons for my
decision. While I appreciated the articulate submissions the grievor made on his
own behalf, this grievance must fail.
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Dated at Toronto this 14 day of August 2008.
Felicity D. Briggs
Vice-Chair