HomeMy WebLinkAbout2009-3044.Elchesyn.10-06-29 Decision
Commission de
Crown Employees
Grievance
règlement des
Settlement Board
griefs
des employés de la
Couronne
Suite 600
180 Dundas St. West
Bureau 600
Toronto, Ontario M5G
180, rue Dundas Ouest
1Z8
Toronto (Ontario) M5G
Tel. (416) 326-1388
1Z8
Fax (416) 326-1396
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2009-3044, 2010-0154
UNION#2010-0368-0002, 2009-0368-0201
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
Union
(Elchesyn)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNION
Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERGary Wylie
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARING
June 8 & 9, 2010.
- 2 -
Decision
[1]Mr. Dustin Elchesyn a correctional officer with the Ministry, grieved on December 18,
2009 and January 9, 2010 that the employer breached the collective agreement. The
employer submitted that it had not violated the collective agreement.
[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 this matter. 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 the grievances.The employer shall expunge the discipline from
the grievor?s file and restore the lost pay. Further, the employer shall forthwith pay the
grievor 36 hours at the overtime rate.
th
Dated at Toronto this 29 day of June 2010.
Deborah J.D. Leighton, Vice-Chair