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HomeMy WebLinkAbout2013-0133.Collins.13-07-03 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#2013-0133 UNION#2013-0248-0013 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Collins) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity Briggs Vice-Chair FOR THE UNION Nick Mustari Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Greg Gledhill Ministry of Government Services Staff Relations Officer HEARING May 22, 2013 - 2 - Decision [1] The Employer and the Union at the Hamilton-Wentworth Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Some of the grievances were settled through that process. However, this grievance remained unresolved and therefore requires a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. [2] Ms. Elizabeth Collins filed a grievance that alleged the Employer violated the Collective Agreement regarding the failure to grant a request regarding a lieu day in May of 2013. [3] Having heard the facts and submissions of the parties, I am of the view that the grievance must succeed. I reject the grievor’s remedial request for three lieu days to be utilized at her discretion. However, I leave the remedy to the parties but I remain seized in the event that the parties are unable to agree upon the appropriate remedy. Dated in Toronto this 3rd day of July, 2013 Felicity Briggs, Vice-Chair