HomeMy WebLinkAbout2008-2458.Gregorchuk.09-06-17 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
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GSB#2008-2458, 2008-2459, 2008-2631, 2008-2833
UNION#2008-0617-0049, 2008-0617-0050, 2008-0617-0054, 2008-0617-0056
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gregorchuk)
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 grievances in this case relate to the grievor?s claim for overtime bailiff shifts during
the period from June to October 2008. The grievor argues that the employer made an
undertaking that the grievor and four others, who were on an existing roster for bailiff
work, would continue to receive such work until a new expanded roster could be worked
out. The union took the position, in a separate group of grievances, that the employer did
not have the right to make such an undertaking since the previous appointment process
had been superceded by the introduction of HPRO.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievances should be dismissed.
th
Dated at Toronto this 17 day of June 2009.
Barry Stephens, Vice-Chair