HomeMy WebLinkAbout2007-1278.Eisenmenger.10-10-28 Decision
Commission de
Crown Employees
Grievance
UqJOHPHQWGHVJULHIV
Settlement Board
GHVHPSOR\pVGHOD
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 7pO
Fax (416) 326-1396 7pOpF
GSB#2007-1278
UNION#2007-0119-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Eisenmenger)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREBarry Stephens Vice-Chair
FOR THE UNIONScott Andrews, Anastasios Zafiriadis,
Laurie Sabourin
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Sean Milloy, Victoria Fichtenbaum
Ministry of Government Services
Employee Relations Division
Staff Relations Officers
HEARINGJune 15, 2010.
- 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
³7UXH0HGLDWLRQ$UELWUDWLRQ´SURFHVVZKHUHLQeach 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 grievor alleges that his roll-over to permanent status should be backdated as a result
RIWKHHPSOR\HU¶VIDLOXUHWRSURSHUO\VWDIIWKHMDil, and a violation of the RPM agreement. The
employer responds that there is nothing in the collective agreement that requires them to
maintain specific staffing on specific shifts, and that the staffing at the time was consistent with
an agreement reached with the Ministry of Labour and the OLRB with respect to a prior health
and safety issue raised by union members.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
th
Dated at Toronto this 28 day of October 2010.
Barry Stephens, Vice-Chair