HomeMy WebLinkAbout2010-1085.Clarke.11-10-31 DecisionCommission 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#2010-1085, 2010-1086
UNION#2010-0530-0081, 2010-0530-0082
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Clarke)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
D.J.D. Leighton
FOR THE UNION
Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Brian Scott
Ministry of Government Services
Centre for Employee Relations
Staff Relations Officer
HEARINGOctober 20, 2011.
- 2 -
Decision
[1]Ms. Krista Clarke, a correctional officer at the Toronto Jail, filed two grievances on June 9,
2010, complaining that the employer breached Articles 9.1 and 2 and Cor. 8.2.1 of the
collective agreement. She seeks full redress, including lost overtime opportunities. The
employer submitted that it had not violated the collective agreement.
[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 these grievances.
st
Dated at Toronto this 31 day of October 2011.
D.J.D. Leighton, Vice-Chair