HomeMy WebLinkAbout2007-0703.Sullivan.09-01-27 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#2007-0703
UNION#2007-0368-0056
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sullivan)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Stacey Zafiriadis
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARINGOctober 15, 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. Most 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, the decision is to be
without prejudice and precedent.
[2]In this matter, Ms. Karen Sullivan, a Correctional Officer alleged the Employer violated
the collective agreement by failing to provide her with a necessary accommodation due to
family status. The grievor raised a matter in our discussions and I allowed the Union and
the grievor the opportunity to provide follow up information.
[3]It is for this reason that this decision is being issued two months following our
mediation/arbitration session.
[4]The Union, on behalf of the grievor did make further submissions and the Employer had
an opportunity to reply.
[5]After reviewing all of the particular facts in this matter and the submissions made by the
parties, I have not been persuaded by the grievor or the Union. Accordingly, I am of the
view that the grievance must fail.
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Dated at Toronto this 30 day of January 2009.
Felicity D. Briggs, Vice-Chair