HomeMy WebLinkAbout2008-3886.Murphy.11-04-04 Decision
Commission de
Crown Employees
Grievance
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Settlement Board
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Couronne
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GSB#2008-3886
UNION#2008-0135-0028
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Murphy)Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREDeborah J.D. Leighton Vice-Chair
FOR THE UNIONScott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERSean Milloy
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING
March 17, 2011.
- 2 -
Decision
[1]Mr. Andrew Murphy, an unclassified correctional officer at the Windsor Jail, grieved on
June 25, 2008, that the employer breached the collective agreement when he was not
permitted to work on a previously scheduled shift on May 18, 2008. The employer
submitted that it had not violated the collective agreement and that a change in
operational requirements lead to the grievor being sent home.
[2]The parties referred this grievance 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.
[3]Having carefully considered the submissions of the parties, as well as the jurisprudence
of the Board, I hereby deny this grievance.
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Dated at Toronto this 4 day of April 2011.
Deborah J.D. Leighton, Vice-Chair