HomeMy WebLinkAbout2007-3526.MacKinnon.08-11-13 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#2007-3526
UNION#2007-0368-0192
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(MacKinnon)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARINGNovember 5, 2008.
2
Decision
[1]The Employer and the Union at the Central East Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol.
Many of the grievances were settled through that process. However, a few remained
unresolved and therefore require a decision from this Board. The Protocol provides that
decisions will be issued within a relatively short period of time after the actual mediation
sessions and will be without reasons. Further, in accordance with the Protocol, this
decision is to be without prejudice and precedent.
[2]Ms. Debbie McKinnon is a Correctional Officer who filed a grievance alleging various
breaches of the Collective Agreement regarding her employment, her work schedule and
the amount of compensation received during the late summer of 2007. The parties provided
me with full particulars. It is sufficient to say that there were a number of areas of factual
dispute. Further, both the Employer and the Union had an opportunity to make submissions
regarding appropriate remedy in this matter.
[3]Given the facts provided, including the relevant documents I am not inclined to uphold the
grievance with the following exception. I am prepared to give the grievor the benefit of the
doubt that she was confused as to her schedule following the meeting held on August 27,
2007. Therefore, I order the Employer to increase the grievor?s vacation bank by two eight
hour shifts.
[4]Further, I was assured by the Employer that there is no discipline on the grievor?s file. I
accept that assurance and order the Employer to provide the grievor with an opportunity to
review her personnel file within ten days of the day of this decision.
[5]I remain seized in the event there are any implementation difficulties.
th
Dated at Toronto this 13 day of November, 2008.
Felicity D. Briggs, Vice-Chair