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HomeMy WebLinkAbout2011-2239.Beausoleil.12-11-13 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2011-2239, 2011-2247, 2011-2405, 2011-2439, 2011-2648, 2011-3293, 2012-0538, 2012- 0785, 2012-1457, 2012-2313, 2012-2805 UNION#2010-0369-0250, 2011-0369-0739, 2011-0369-0764, 2011-0369-0771, 2010-0369- 0259, 2012-0369-0003, 2012-0369-0015, 2012-0369-0025, 2012-0369-0039, 2012-0369-0052, 2012-0369-0059 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Beausoleil) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Brian M. Keller Vice-Chair FOR THE UNION Scott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Bart Nowak Ministry of Government Services Centre for Employee Relations Staff Relations Officer HEARING November 8, 2012. - 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 agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair 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 grievances in this case relate to various matters. [3] After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the some of the grievances have no merit and should be dismissed, others are questionable merit and others may have some merit. Accordingly, 1. I order the employer to pay the grievor the sum of $1500.00, less deductions required by law as sick pay top-up. 2. I order the employer to remove the letters of counsel in the grievor’s file relating to these grievances. 3. I order the employer to remind, and review with, managers the ADI policy and abide by its terms. 4. I order the employer to arrange for mediation between the grievor and affected managers through the Mediation Network. The grievor is to be entitled to have a support person present during the mediation(s). [4] I remain seized as required. Dated at Toronto this 13th day of November 2012. Brian M. Keller, Vice-Chair