HomeMy WebLinkAbout2009-3114.Briscoe.10-12-09 Decision
Commission de
Crown Employees
Grievance
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Settlement Board
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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
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GSB#2009-3114
UNION#2009-0369-0138
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Briscoe)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREBarry Stephens Vice-Chair
FOR THE UNIONScott Andrews, Tim Mulhall
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYERKaren Martin, Brian Scott
Ministry of Government Services
Employee Relations Division
Staff Relations Officer
HEARING
November 26, 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
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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 grievance in this case relates to the grLHYRU¶VFODLPIRUVWDWXWRU\KROLGD\SUHPLXPSD\
for Thanksgiving Day on October 12, 2009. The employer takes the position that the
grievor was disentitled from premium pay due to the fact that she failed to attend work for
her two prior shifts, and thus did not meet the attendance requirements set out in the
collective agreement. Although the grievor provided a medical note, it was dated
November 5, 2009 and was untimely.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
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Dated at Toronto this 9 day of December 2010.
Barry Stephens, Vice-Chair