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HomeMy WebLinkAbout2009-2089.Stewart.13-06-21 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#2009-2089 UNION#2009-0718-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Stewart) 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 Tim Mulhall Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Caroline Markiewicz Ministry of Government Services Centre for Employee Relations Employee Relations Officer HEARING January 30, 2013 - 2 - Decision [1] Mr. Glen Stewart, a CO at the Fort Frances Jail, grieved on July 20, 2009, that the employer breached the collective agreement by denying his claim for statutory holiday pay. The employer submitted it had not violated the collective agreement and moreover the grievance was not referred to arbitration in a timely manner. [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, Ontario this 21st day of June 2013. Deborah J.D. Leighton, Vice-Chair