Loading...
HomeMy WebLinkAbout2011-3826.Brown et al.12-12-13 DecisionCrown 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#2011-3826, 2011-3827, 2011-3828, 2011-3829, 2011-3830, 2011-3831, 2011-3832, 2011-3833, 2011-3834, 2011-3835, 2011-3836, 2011-3837, 2011-3838, 2011-3839, 2011-3840, 2011-3841, 2011-3842, 2011-3843, 2011-3844, 2011-3845, 2011-3846, 2011-3847, 2012-0151 UNION#2012-0234-0010, 2012-0234-0011, 2012-0234-0012, 2012-0234-0013, 2012-0234-0014, 2012-0234-0015, 2012-0234-0016, 2012-0234-0017, 2012-0234-0018, 2012-0234-0019, 2012-0234-0020, 2012-0234-0021, 2012-0234-0022, 2012-0234-0023, 2012-0234-0024, 2012-0234-0025, 2012-0234-0026, 2012-0234-0027, 2012-0234-0028, 2012-0234-0029, 2012-0234-0030, 2012-0234-0031, 2012-0234-0044 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Brown et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Laura Josephson Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Swey Vishwanath Ministry of Government Services Centre for Employee Relations Staff Relations Officer HEARING December 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] These grievances relate to a claim that the employer was improperly pro-rating vacation usage when employees take partial vacation day. However, after reviewing the evidence, I have concluded there is no violation, and that the employer’s method of pro-rating is consistent with the collective agreement and policies respecting vacation time. It appears that some confusion was caused by a message on employee pay stubs that cited an example that did not cover all shift lengths. However, the employer’s method cannot be faulted, and was properly applied with respect to all shift lengths. That being said, it must be allowed that there could be errors in the details (as opposed to method) that could affect individual grievors. Therefore, after reviewing the submissions of the parties and the collective agreement, it is my conclusion that the main issue behind the grievances should be dismissed, but that the union shall have thirty (30) days from the date of this award to raise any individual errors with the employer. I remain seized to resolve any such issues. Dated at Toronto this 13th day of December 2012. Barry Stephens, Vice-Chair