HomeMy WebLinkAbout2009-0290.Hynes.09-10-27 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
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GSB#2009-0290, 2009-0304
UNION#2009-0411-0125, 2008-0411-0044
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hynes)Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNION
Frank Inglis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Bart Nowak
Ministry of Community Safety and
Correctional Services
Employee Relations Advisor
HEARINGOctober 7, 2009.
- 2 -
Decision
[1]Mr. Paul Hynes, a correctional officer at Ottawa Carleton Detention Centre, grieved that
the employer did not treat him fairly in assigning him shifts in the segregation unit and by
not scheduling training which had been agreed to in a timely manner. The employer denied
that it had violated the collective agreement in both these grievances.
[2]The parties referred this grievance to mediation/arbitration in accordance with Article
22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had
the jurisdiction to deal with this matter. They asked that I issue a decision without
precedent or prejudice, and without written reasons in accord with the provisions for
expedited hearings under Article 22.16.
[3]Having carefully considered the submissions of the parties, as well as the jurisprudence of
the Board, I find that there has been no violation of the collective agreement and I hereby
dismiss these grievances.
th
Dated at Toronto this 27 day of October 2009.
Deborah J.D. Leighton, Vice-Chair