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HomeMy WebLinkAbout1999-1991.Harnden et al.05-09-01 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec, (416) 326-1396 GSB# 1999-1991 1999-2007 2000-0592, 2000-0598 UNION# 1999-0234-0078 1999-0234-0032, 1999-0234-0041 1999-0234-0073 1999-0234-0031 1999-0234-0068 1999-0234-0057 1999-0234-0064 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Harnden et al ) Union - and - The Crown In RIght of Ontano (Mimstry of Commumty Safety and CorrectIOnal ServIces) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Stephen GIles Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Mike Bnscoe Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING June 2, 2005 2 DeCISIon The partIes agreed to an ExpedIted MedIatIOn-ArbItratIOn Protocol for the Maplehurst CorrectIOnal Complex. It IS not necessary to reproduce the entIre Protocol here Suffice It to say that the partIes have agreed to an expedIted process whereIn each party provIdes the vIce-chair wIth wntten submIssIOns, whIch Include the facts and authontIes the party Intends to rely upon, one week pnor to the heanng. At the heanng, oral eVIdence IS not called, although the vIce-chair IS permItted to request further InfOrmatIOn or documentatIOn. In addItIOn, If It becomes apparent to eIther party or the vIce-chair that the Issues Involved In a partIcular case are of a complex or sIgmficant nature, the case may be taken out of the expedIted process and processed through "regular" arbItratIOn. Although IndIVIdual gnevors often wIsh to provIde oral eVIdence at arbItratIOn, the process adopted by the partIes provIdes for a thorough canvaSSIng of the facts pnor to the heanng, and leads to a fair and efficIent adJudIcatIOn process The gnevors were all unclassIfied employees, who were converted to classIfied employees of the publIc servIce as a result of a Memorandum of Settlement dated August 26 1998 The memorandum contaIned a provIsIOn that all unclassIfied employees paid at the CO 1 level wIth at least 1912 hours of servIce, would be reclassIfied as C02's In addItIOn, the agreement provIded for the converSIOn of a number of unclassIfied correctIOnal officers The gnevors argue that the converSIOn constItuted a promotIOn, and that the mImmum pay Increase provIsIOn In the collectIve agreement should apply to them, retroactIve to the date of theIr converSIOn. The employer responds that the mImmum pay Increase provIsIOn applIes to promotIOns only and IS not tnggered by a converSIOn. 3 HavIng carefully revIewed the eVIdence presented and the submIssIOns of the partIes, and havIng consIdered the context of the August 26 1998 Memorandum of Settlement, It IS my VIew that there IS no eVIdence of a breach of the collectIve agreement. As a result, the gnevance IS dIsmIssed. Dated at Toronto thIS 1 st day of September 2005