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HomeMy WebLinkAbout2012-0835.McLaughlin.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#2012-0835 UNION#2012-0708-0005 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (McLaughlin) 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 Laura Josephson Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Brian Scott Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING October 24, 2012. - 2 - Decision [1] Rev. Kerry McLaughlin, a Duty Chaplain at the Thunder Bay Correctional Centre, filed a grievance on February 1, 2012, alleging that the employer had not paid her shift differential for weekend work pursuant to article 6.1.3 of the collective agreement. She sought to be compensated for losses back to 2009. The employer submitted that there was no violation of the collective agreement. [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 hereby grant the grievance in part and award shift differential of $96.00 to be paid to the grievor forthwith. Dated at Toronto this 12th day of February 2013. Deborah J.D. Leighton, Vice-Chair