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HomeMy WebLinkAbout2011-0465.Parlee.13-02-12 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#2011-0465 UNION#2011-0617-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Parlee) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Deborah J.D. Leighton Vice-Chair FOR THE UNION Scott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Caroline Markiewicz Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING September 27, 2012. - 2 - Decision [1] Ms. Sarah Parlee was an employee on a fixed term contract (FXT) at the Sudbury Jail, when she grieved on March 17, 2011, that the employer breached the collective agreement by not paying a bonus to FXT’s when the division met the attendance target under the Attendance Support Management Program (ASMPP). The employer submitted it had not violated the collective agreement or the policy by paying only classified Correctional Officers. [2] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons. [3] Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I find that there has been no violation of the collective agreement and hereby deny this grievance. Dated at Toronto this 12th day of February 2013. Deborah J.D. Leighton, Vice-Chair