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HomeMy WebLinkAbout2014-2518.Fitzpatrick.14-11-26 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#2014-2518 UNION#2014-0368-0140 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Fitzpatrick) 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 Alex Sawicki Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Gary Wylie Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING November 6, 2014 - 2 - Decision [1] Ms. Carrie Fitzpatrick, a Rehab Officer at CECC, grieved on July 25, 2014, that the employer breached the collective agreement by denying her an overtime opportunity because of her disability and accommodation. She seeks to be paid for 10 hours at time and a half. The employer submitted it had not violated 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 and order the employer to pay the grievor her normal rate of pay for 10 hours at time and a half. Dated at Toronto, Ontario this 26th day of November 2014. Deborah J.D. Leighton, Vice-Chair