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HomeMy WebLinkAbout2016-0800.Fata.17-05-10 Decision Crown 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#2016-0800 UNION#2016-0440-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Fata) 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 Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Laura McCready Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING April 27, 2017 - 2 - Decision [1] Mr. Craig Fata, a Corrections Officer, on a fixed term contract, at the Brockville Jail, filed a grievance claiming, inter alia, that the employer had violated Article 2 and Article 49.1 of the collective agreement, and employer’s policy governing the application, processing and granting of special and compassionate days. The employer takes the position that there has been no breach of the collective agreement. [2] The parties referred this grievances 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 these matters and 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 deny the grievance. Dated at Toronto, Ontario this 10th day of May 2017. Deborah J.D. Leighton, Vice-Chair