HomeMy WebLinkAbout2008-0362.Auld.08-12-9 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#2008-0362
UNION#2008-0549-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Auld)
Union
- and -
The Crown in Right of Ontario
(Ontario Science Centre)
Employer
BEFOREVice-Chair
Ken Petryshen
FOR THE UNION
Don Martin
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Len Hatzis
Counsel
Ministry of Government Services
HEARING
December 5, 2008.
2
Decision
[1]In a grievance dated February 11, 2008, Brent Auld stated the following:
I grieve that management is in violation of past practice of permitting voluntary travel
assignments, failure to provide reasonable notice of change of past practice, violation of
local agreement regarding travel policy.
Settlement Desired:
I demand full redress including but not limited to exemption from international travel.
[2] Having regard to the submissions of the parties, I find the following:
1.The Employer, pursuant to Article 2 ? Management Rights ? of the Collective
Agreement, is within its rights to determine the location of the workplace and direct
employees on travel assignments, including national and international worksites.
2.In the circumstances of this unique case and in light of the Government?s
Travel, Meal and Hospitality Directive revised in August 2006 and the
implementation of that Directive to Ontario Science Centre employees at the time, I
hereby direct that Mr. Auld be provided an exemption in the next instance he would
otherwise be required by the Employer to travel. After that exemption is provided,
Mr. Auld shall be subject to the Employer requirement of travel assignments like
every other employee.
[3] In all other respects, the grievance is dismissed.
th
day of December 2008.
Dated at Toronto this 9
Ken Petryshen, Vice-Chair