HomeMy WebLinkAbout2011-0401.Sullivan.12-11-16 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#2011-0401
UNION#2010-0368-0155
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sullivan) 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 Gary Wylie
Ministry of Government Services
Centre for Employee Relations
Eastern Regional Office
Staff Relations Officer
HEARING October 12, 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 grievance in this case relates to an alleged unjust discipline and alleged missed
overtime resulting from the discipline.
[3] After reviewing the submissions of the parties and the collective agreement, it is my
determination that the grievance should be allowed. The discipline is to be expunged and all
reference to it removed from all employer files. She is to be made whole for the period of the
suspension. Additionally, the employer is to pay the grievor 12 hours’ pay at the applicable
overtime rate less those deductions required by law.
[4] I remain seized as required.
Dated at Toronto this 16th day of November 2012.
Brian M. Keller, Vice-Chair