HomeMy WebLinkAbout2008-2723.Armstrong.09-11-16 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#2008-2723, 2008-2772
UNION#2008-0368-0101, 2008-0368-0118
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Armstrong/Todd)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Anastasios Zafiriadis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Gary Wylie
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGOctober 22, 2009.
- 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]Andrew Armstrong and Brian Todd are plumbers working for CECC. They
each allege that they should have been called to perform plumbing work that
was done by an outside contractor on July 5, 2008. It was argued that the
work was within the scope of the grievors? competency and indeed,
expressly set out within their position description. Accordingly, the Union
urged that bargaining unit work should be done by bargaining unit
employees.
[3]The Employer argued that the building is owned by Ontario Reality
Corporation and the work that was done on July 5, 2008 was contracted and
paid for by that organization. Further, a tradesman accompanied the outside
contractor during this time.
- 3 -
[4]After considering the submissions and the facts and the provisions of the
collective agreement, I must dismiss these grievances.
th
Dated at Toronto this 16 day of November 2009.
Felicity Briggs, Vice-Chair