HomeMy WebLinkAbout1998-0157.Holmes.02-09-10 Order
~M~ om~o EA1PLOYES DE L4 COURONNE
_Wi iii~~~i~T DE L 'ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONBTELEPHONE. (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB#0157/98
UNION# 98A354
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Holmes)
Grievor
-and-
The Crown In RIght of Ontano
(Mimstry of PublIc Safety and Secunty)
Employer
BEFORE Maureen K. Saltman Vice-Chair
FOR THE UNION Nelson J Roland
Counsel
Ryder Wnght Blair & Doyle
BarrIsters and SOlICItorS
FOR THE EMPLOYER Len HatzIs
Counsel
Management Board Secretanat
HEARING September 6 2002
2
ORDER
A heanng In thIS matter was convened In Toronto on September 6 2002
Based on the submIssIOns of the partIes, and after careful consIderatIOn, I make the
folloWIng order
1 that the Gnevor undertake the Employer's CorrectIOnal
Officer traInIng program, namely the COSTART program
begInmng September 23 2002, and the local onentatIOn
traInIng for the Sudbury JaIl
2 that the Gnevor attend a medIcal assessment, first-aid
traInIng and C,P,R, traInIng as provIded by the Employer In
accordance wIth usual practIce pnor to September 23 2002
and shall be paid for hours spent In these actIvItIes at the
CorrectIOnal Officer 2 ("C02") rate (top level)
3 In the event the Employer asserts that the Gnevor has not
successfully met the traInIng reqUIrements assocIated wIth
the above paragraphs, the Employer shall have the onus of
demonstratIng that ItS assertIOn IS proper and reasonable In
the cIrcumstances,
3
4 that dunng the traInIng penod noted In paragraph #1 the
Gnevor shall be paid at the current C02 rate (top level) for
40 hours per week In accordance wIth the Employer's usual
practIce
5 that after successful completIOn of the Gnevor's traInIng
and onentatIOn noted In paragraph #1 the Gnevor shall be
reInstated as a CorrectIOnal Officer 2 at the Sudbury JaIl
The Gnevor shall be scheduled for thIrty-two (32) hours
per week wIth a schedule provIded four weeks In advance
and shall be paid for these hours at the C02 rate (top level)
The Gnevor's ShIftS shall be eIther 8 or 12 hours and
6 that the Gnevor's pre-exIstIng attendance credIts shall be
recogmzed and he shall, In the future, accumulate
attendance credIts as provIded for In the CollectIve
Agreement.
NothIng In thIS Order shall affect the final determInatIOn of the Gnevor's
status as a "classIfied" or "unclassIfied" ClassIficatIOn Officer 2 or lImIt, In any way the
arguments whIch the partIes may raise In respect of any Issues relevant to the gnevance
4
I wIll remaIn seIzed of all the Issues In dIspute untIl a final resolutIOn IS
reached In thIS matter
DATED AT TORONTO thIS 10th day of September 2002
" k-
Maureen K Saltman
Vice-Chair