HomeMy WebLinkAbout2006-2740.Robertson et al.08-11-17 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#2006-2740, 2006-2741, 2006-2742, 2006-2743, 2006-2744, 2008-0524
UNION#2006-0234-0417, 2006-0234-0418, 2006-0234-0419, 2006-0234-0420, 2006-0234-0421,
2008-0234-0127
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Robertson et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Stacey Zafiriadis
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Diane Cotton
Manager ? Human Resources Strategic
Operations
Ministry of Community Safety and
Correctional Services
HEARING
October 29, 2008.
2
Decision
[1]
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary
to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a ?True
Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions, which
include the facts and authorities each relies upon. This decision is issued in accordance with the
Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
[2]
These grievances all raise the same issue. The grievors all claim that, when working as
unclassified employees, they are/were not able to accumulate service credits towards their
Continuous Service Dates (CSD) for weeks when they worked lest than 40 hours. Some of the
grievor?s point to the arrangement between the employer and the union that recognized the
service of employees at CNCC, which was recently incorporated into the jurisdiction of MCSCS.
[3]
The grievances allege that the CNCC employees are receiving credit for service outside the
ministry, while significant portions of the grievors? service time is has been discounted owing to
the ?40 hour? rule. The employer responds that the parties have agreed to the ?40 hour? rule in
the collective agreement, and, similarly, reached a joint agreement with respect to the treatment
of the seniority of CNCC employees. As a result, there is no breach of the collective agreement.
3
[4]
After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that grievance should be dismissed.
th
Dated at Toronto this 17 day of November, 2008.
Barry Stephens, Vice-Chair