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HomeMy WebLinkAbout2003-1301.Whaley et al.04-08-16 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# 2003-1301 UNION# 2003-0438-0004 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Whaley et al ) Grievor - and - The Crown In RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE Bram HerlIch Vice-Chair FOR THE UNION Tim Mulhall Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Michael Bnscoe Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING August 11 2004 2 DeCISIon ThIS was one of many cases dealt wIth by the partIes on three days of medIatIOn held on August 10-12, 2004 to deal wIth outstandIng gnevances out of the Rideau CorrectIOnal Centre Many of those cases were resolved by way of settlements or wIthdrawals Some may have to be advanced to the Board for further medIatIOn and/or arbItratIOn. There were, however a number of cases, lIke the Instant one, whIch the partIes agreed ought to be dIsposed of through the medIatIOn/arbItratIOn procedure contemplated under ArtIcle 22 16 To that end, the partIes agreed that I ought to make a final determInatIOn on the basIs of the InformatIOn provIded to me dunng the course of the medIatIOn process I also gave the partIes a full opportumty to make submIssIOns whIch I consIdered pnor to ISSUIng any rulIng. To further expedIte the process and In VIew of the lack of precedentIal value assocIated wIth thIS decIsIOn under the terms of ArtIcle 22 16 7 the partIes asked that I not Include any reasons In thIS decIsIOn. FolloWIng the publIc servIce stnke In March oflast year there were dIscussIOns between the partIes at the local level as to whether or not hours worked dunng the stnke ought to be "balanced" The partIes agreed that thIS balancIng would take place It dId and the employer performed the reqUIsIte calculatIOns In a manner whIch the umon does not dIspute conformed wIth the collectIve agreement and the relevant Memorandum of Settlement. The Instant gnevors who as a result of these calculatIOns, were found to consequently "owe" hours are now challengIng the manner of the balancIng. HavIng consIdered the submIssIOns of the partIes, thIS gnevance IS hereby dIsmIssed Dated at Toronto thIS 16th day of August 2004 ..~.~~ ~L~~~~l: .. _. Bram Herlich, Vice-Chairperson