HomeMy WebLinkAbout2007-3210.Lachance.09-06-15 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
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GSB#2007-3210
UNION#2007-0617-0023
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lachance)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREBarry Stephens Vice-Chair
FOR THE UNIONAnastasios Zafiriadis, Frank Inglis &
Greg McVeigh
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Karen Martin & Brian Scott
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARINGJune 12, 2009.
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]The grievance in this case relates to compensation for the meal allowance under COR
Art. 12.1.1. The grievor claims he was eligible for this allowance for a series of shifts in
October and November 2007. The employer produced minutes of an ERC meeting held
on December 11, 2007 to discuss this issue. The minutes reflect in Paragraph 4 that the
parties agreed on the application of the meal allowance, and also stipulated that the
agreement would be ?retroactive to December 11, 2007.? The ERC minutes further show
the reference to the retroactive date crossed out with an asterix beside. At the end of the
minutes there is an asterix with a note stating:
?Mr. Lachance & Holmes are in disagreement in regards to no. 4 as per the starting date.
They have an [sic] ongoing issues.?
The Local union president signed the minutes. Mr. Lachance filed his grievance on
December 17, 2007.
[3]The grievor alleges that there was no agreement to a starting date. The employer asserts
that the parties agreed on a starting date, and that the union president signed the minutes.
The union argues that the retroactive date was not agreed but was crossed out, with an
3
explanation being provided as to why the union could not agree. I note that the collective
agreement contains a provision stipulating that an employee has thirty days in which to
file a grievance.
[4]After reviewing the submissions of the parties and the collective agreement, the
grievance is upheld in part and the grievor is awarded $40.00 as meal allowance
compensation under Art. 12.1.1.
th
Dated at Toronto this 15 day of June 2009.
Barry Stephens, Vice-Chair