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HomeMy WebLinkAbout2012-2199.Fraser et al.14-10-30 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#2012-2199, 2012-2521, 2012-4006, 2012-4227, 2013-0538 UNION#2012-0368-0132, 2012-0368-0151, 2013-0368-0003, 2010-0368-0181, 2013-0368-0049 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Fraser et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Jane Letton Ryder Wright Blair & Holmes LLP Barristers and Solicitors Counsel FOR THE EMPLOYER Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel CONFERENCE CALL October 27, 2014 - 2 - Decision [1] The grievances before me in this case relate to claims for improper balancing of hours. [2] The case convened for hearing on October 8, 2014. After discussing the grievances, which involve upwards of one hundred grievors, I decided it was necessary to make an interim order with respect to procedure in order to streamline the process and make the best use of hearing time. Part of that order was a direction for a preliminary conference call hearing dealing with the grievance allegations related to Appendix COR1 Schedule A. [3] This decision is issued in accordance with Article 22.16 of the collective agreement, and is without prejudice or precedent. [4] Some of the issues raised in the grievances relate to alleged violations of Appendix COR1 Schedule A. The employer raised a preliminary objection that these issues should be dismissed since none of the grievors works in a designated Schedule A position. [5] After considering the submissions of the parties, I find the preliminary objection should be upheld. Dated at Toronto, Ontario this 30th day of October 2014. Barry Stephens, Vice-Chair