HomeMy WebLinkAbout2003-3486.Snow et al.06-07-17 D
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2003-3486, 2005-0411, 2006-0883, 2006-0884
UNION# 2003-0119-0013, 2003- 0119-0020, 2003-0119-0022, 2003-0119-0023
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLEC TIVE BARGAINING ACT
Before
THE GRIEVANCE SE TTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Snow et al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE Vice-Chair
M. Brian Keller
FOR THE UNION
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
July 12, 2006.
2
Decision
The parties referred these grievances to media tion/arbitration in accordance with Article 22.16 of
the Collective Agreement. The grievances were filed in 2003 and involve the opportunity to
work additional shifts as acti ng operational managers at the St ratford Jail. The Grievors are
seeking the compensation for the missed overtime opportunities.
At the outset of the hearing, the parties agreed th at I exercise my jurisdiction to decide this
matter, and requested that I is sue a decision, wi thout reasons.
Having carefully reviewed the evidence presented and the submissions of the parties, I find as
follows:
At the time of the grievances the grievors we re in management positions. A management
position is outside the bargaining unit. The jurisdiction of the Board does not extend to
employees in management positions. Conseque ntly, the Board does not have the requisite
jurisdiction to deal with these grieva nces which are accordingly dismissed.
th
Dated at Toronto, Ontario, this 1 7 day of July 2006.
M. Brian Keller, Vice-Chair