HomeMy WebLinkAbout2011-0402.Brown.13-07-09 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#2011-0402
UNION#2010-0368-0156
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) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Joseph D. Carrier Vice-Chair
FOR THE UNION Jackie Crawford
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Laura McCready and Sean Milloy
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisors
HEARING June 25, 2013
- 2 -
Decision
[1] This grievance of Ms. Patricia Brown was referred to mediation/arbitration in accordance
with Article 22.16 of the Collective Agreement between OPSEU (The Union) and The Ontario
Crown, Ministry of Community Safety and Correctional Services (M.C.S.C.S., The Employer).
There was no challenge to my jurisdiction to hear and rule on the matter. Further, the Parties
requested the decision be issued on a without precedent or prejudice basis, and without extensive
reasons.
[2] A Memorandum of Settlement was entered into between the Parties on January16, 2012
to which the Grievor was a signatory. That Settlement addressed all outstanding grievances or
complaints “related to this issue” and confirmed that all such “are withdrawn”. Among the
issues addressed in that Memo and central to it was a complaint concerning Ms. Brown’s hours
of work.
[3] The current grievance is dated October 5, 2010. The substantive issue identified in this
grievance is “not being given 36.25 hour per week”. That is without doubt “related to” the issues
addressed and resolved in the January 16, 2012 Memorandum of Settlement.
[4] In these circumstances and having heard and considered the submissions of the Parties, I
am satisfied that the matter has been previously resolved and there is no dispute upon which to
adjudicate.
[5] The grievance is denied.
Dated at Toronto, Ontario this 9th day of July 2013.
Joseph D. Carrier, Vice-Chair