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HomeMy WebLinkAbout2001-1630.Union Grievance.03-12-04 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# 2001-1630 UNION# 02U014 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Umon Gnevance) Grievor - and - The Crown In RIght of Ontano (Mimstry of PublIc Safety and Secunty) Employer BEFORE Ken Petryshen Vice-Chair FOR THE UNION Nelson Roland Ryder Wnght Blair & Doyle BarrIsters and SOlICItorS FOR THE EMPLOYER Len HatzIs and Sunee1 Bahal Counsel Management Board Secretanat HEARING Apnll0 May 13 15 June 17 18 and December 2, 2003 2 DECISION In order to address applIcatIOns before the Ontano Labour RelatIOns Board filed In 2001 wIth respect to certaIn events at the Toronto West DetentIOn Centre ("Toronto West"), the partIes entered Into a Memorandum of Settlement ("the Memorandum") dated December 17 2001 As reflected In the Memorandum, the Employer agreed to pay employees lIsted In Schedules B C and D for theIr shIfts commencIng on November 6 2001 and the partIes agreed that, as a Vice- Chair of the Gnevance Settlement Board, I have the JunsdIctIOn to determIne the employees' entItlement to pay for these ShIftS ThIS proceedIng has had many heanng days dunng whIch I heard a consIderable amount of eVIdence The partIes have made submIssIOns wIth respect to both the ments of the case and the remedIal Issues before me HavIng regard to the posItIOns of the partIes and the chronology of the relevant events at the Toronto West, I find It appropnate to make the folloWIng orders (1) The partIes at the local level shall meet to determIne who IS properly on the "B" lIst for the purposes of thIS DeCISIOn and shall produce a lIst In thIS regard wIthIn ten workIng days of the date of thIS DeCISIOn. The cntena assocIated wIth those who are not properly on the lIst Include, but are not lImIted to staff who were on a pre-approved leave of absence on November 6 2001 and/or those who never receIved an ImtIaI deductIOn by the Mimstry or subsequent reImbursement, and/or those who are no longer employed wIthIn the Mimstry (2) Those persons properly on the "B" lIst shall have the eqUIvalent of 1j of theIr pay for theIr ShIft of November 6 2001 returned to the Mimstry wIthIn 60 days of the date of thIS DecIsIOn. 3 ThIS DecIsIOn IS a full and final resolutIOn of all of the Issues ansIng out of the settlement of the Labour RelatIOns Board applIcatIOns, as reflected In the Memorandum I wIll remaIn seIzed to resolve any dIsputes between the partIes ansIng out of thIS DecIsIOn. Dated at Toronto thIS 4th day of December 2003