HomeMy WebLinkAbout2010-2337.Henry.12-01-24 Decision
Crown Employees
rieva
nce Settlement
oard
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l. (416) 326-1388
x (416) 326-1396
t des griefs
es employés de la
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l. : (416) 326-1388
léc. : (416) 326-1396
UNION#2010-0530-0141
IN THE MATTER OF
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
ETWEEN
G
B
Suite 600
180 Dundas St. West
Toronto, Ontario M5G
Te
Fa
Commission de
règlemen
d
Couronne
Bureau 600
180, rue Dundas Oues
Toronto (Ontario) M5G 1
Té
Té
GSB#2010-2337
AN ARBITRATION
Under
B
Ontario Public Sployees Union
(Henry) Union
- and -
(Ministry of Community Safety and Correctional Services) Employer
ervice Em
The Crown in Right of Ontario
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION
ice Employees Union
FOR THE EMPLOYER
Laura Josephson
O
G
ntario Public Serv
rievance Officer
s
s
Victoria Fichtenbaum
Ministry of Government Service
C
E
entre for Employee Relation
mployee Relations Advisor
HEARING January 18, 2012.
- 2 -
Decision
[1] The Employer and the Union at the Toronto Jail agreed to participate in the
Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. Most of the grievances were settled through that process.
However, a few remained unresolved and therefore require a decision from
this Board. The Protocol provides that decisions will be issued within a
relatively short period of time after the actual mediation sessions and will be
without reasons. Further, the decision is to be without prejudice and
precedent.
[2] Mr. Herman Henry is a Correctional Officer who grieved that the Employer
violated the Collective Agreement when it failed to assign him the duties of
Acting OM16 on November 15, 2010. He thought that he should have been
assigned the work because he was already at the institution on that shift and
because he had acted in this capacity on a temporary and occasional basis.
[3] The failure to assign the grievor this work is not a violation of the Collective
Agreement and therefore the grievance is denied.
Dated at Toronto this 24th day of January 2012.
Felicity D. Briggs, Vice-Chair