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HomeMy WebLinkAbout2003-0237.Dunscombe.06-05-23 Decision Crown Employees Commission de Nj 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# 2003-0237 UNION# 2003-0517-0014 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Dunscombe) Union - and - The Crown In RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Scott Andrews Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Faith Crocker Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING May 17 2006 2 DeCISIon The partIes have agreed to an ExpedIted MedIatIOn-ArbItratIOn Protocol It IS not necessary to reproduce the entIre Protocol here Suffice It to say that the partIes have agreed to a "True MedIatIOn-ArbItratIOn" process, whereIn each provIdes the vIce-chair wIth submIssIOns, whIch Include the facts and authontIes each relIes upon. The process adopted by the partIes provIdes for a canvaSSIng of the facts dunng the medIatIOn, although the vIce-chair has the dIscretIOn to request further InformatIOn or documentatIOn. ArbItratIOn decIsIOns are Issued In accordance wIth ArtIcle 22 16 of the collectIve agreement, wIthout reasons, and are wIthout preJudIce or precedent. The gnevance In thIS case relates to Trevor Dunscombe Mr Dunscombe gneves that hIS ment pay Increase was delayed for four months over the Chnstmas 2002 penod. He alleges that, as a result of thIS delay he Incurred costs related to credIt car carryIng charges, as well as long dIstance and travel costs related to hIS efforts to get the matter resolved. The gnevor also seeks Interest In accordance wIth ArtIcle 22 18 1 The employer responds that It does not routInely pay addItIOnal costs related to delays In wage Increases, any more than It would attempt to recover such costs from an employee In the event of an overpayment. With respect to Interest, the employer advIses that It was prepared to pay the Interest expense on July 23 2003 but the gnevor dId not accept the offer 3 After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, I order the employer to pay the gnevor Interest up to July 23 2003 In accordance wIth the calculatIOn under ArtIcle 22 18 1 Dated at Toronto thIS 23rd day of May 2006 <