HomeMy WebLinkAbout2007-1542.Young.10-03-02 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#2007-1542, 2007-1543, 2008-3092, 2008-3093, 2008-3505
UNION#2007-0440-0040, 2007-0440-0041, 2008-0440-0046, 2008-0440-0047, 2008-0440-0058
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Young)
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
Anastasios Zafiriadis, Frank Inglis &
Laura Josephson
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYERGary Wylie & Bart Nowak
Ministry of Community Safety and
Correctional Services
Staff Relations Officers
HEARING
February 3, 2010.
- 2 -
Decision
[1]Mr. William Young, a correctional officer at the St. Lawrence Valley
Correctional and Treatment Centre, filed five grievances between July 1, 2007
and December 20, 2008, alleging that the employer breached the collective
agreement with regard to overtime, harassment, health and safety, and
management rights. The employer conceded to some liability and that it had
violated the collective agreement in part.
[2]The parties referred these grievances 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 these matters. They
asked that I issue a decision without precedent or prejudice, and without
written reasons in accord with the policy of the parties 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 hereby grant these grievances in part and order
the employer to pay the grievor 1) $500.00 in general damages and twenty-
four (24) hours at the overtime rate and 2) remove the letter relating to the
incident of November 26, 2008 from the grievor?s personnel file.
nd
Dated at Toronto this 2 day of March 2010.
Deborah J.D. Leighton, Vice-Chair