HomeMy WebLinkAbout2010-2991.Kopanyshyn.12-03-28 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#2010-0521-0120
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
Commission de
règlemen
d
Couronne
Bureau 600
180, rue Dundas Oues
Toronto (Ontario) M5G 1
Té
Té
Fa
GSB#2010-2991
AN ARBITRATION
Under
B
Ontario Publioyees Union
(Kopanyshyn) Union
- and -
(Ministry of Community Safety and Correctional Services) Employer
c Service Empl
The Crown in Right of Ontario
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION
ice Employees Union
FOR THE EMPLOYER
Tim Mulhall
O
G
ntario Public Serv
rievance Officer
s
s
Greg Gledhill
Ministry of Government Service
C
E
entre for Employee Relation
mployee Relations Advisor
HEARING March 6, 2012.
- 2 -
Decision
[1] The Employer and the Union at the Toronto Intermittent Centre 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] Robert Kopanyshyn is a Correctional Officer working on an administrative schedule in
Pick Up and Delivery. He filed a grievance that the Employer violated the Collective Agreement
when it arbitrarily assigned him to be off on December 27th and 28th 2010.
[3] Christmas Day and Boxing Day occurred on a Saturday and Sunday respectively in 2010.
It was the Employer’s position that in accordance with Article COR 13 and Article 47, the
grievor’s regular days off occurred on the Saturday and Sunday and therefore his paid holidays
of Christmas and Boxing Day were appropriately scheduled on December 27th and 28th.
[4] The grievor was of the view that in accordance with Article 13.6 he should have been
given a choice of days to schedule off as his paid holidays.
[5] After considering the facts and submissions of this matter I must dismiss the grievance.
Dated at Toronto this 28th day of March 2012.
Felicity D. Briggs, Vice-Chair