HomeMy WebLinkAbout2006-0523.Deeley.08-09-10 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
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Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2006-0523
UNION#2006-0164-0031
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Deeley)
Union
- and -
The Crown in Right of Ontario
(Ontario Liquor Control Board of Ontario)
Employer
BEFOREVice-Chair
Gerry Lee
FOR THE UNIONJean Chaykowsky
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYERMark Wagner
HR Manager, Western Region
Ontario Liquor Control Board of Ontario
HEARINGAugust 25 and 26, 2008.
2
Decision
The parties referred the above captioned grievance to mediation/arbitration in accordance with
Article 22.11 and Appendix 2 of the Collective Agreement.
At the outset of the hearing, the parties agreed that I had jurisdiction to deal with this matter and
they requested that I issue a ?without precedent? decision with no reasons.
The grievor alleges that the employer has violated Article 26.4 and other articles of the collective
agreement by failing to pay him overtime and other associated costs when he responded to
various ?Notice of Intended Discipline - (NOIDs)? letters issued by the employer. Specifically,
the grievor feels he should be compensated for the time spent responding to the NOIDs and the
cost of mailing such response. The employer is of the view that there is no violation of the
collective agreement with respect to the issues raised by the grievor.
Having carefully considered the submissions of the parties, I have concluded that there is no
violation of the collective agreement. Accordingly, the grievance is dismissed.
th
Dated at Toronto, this 10 day of September, 2008.
Gerry Lee, Vice-Chair