Loading...
HomeMy WebLinkAbout2003-1318.Bowes 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# 2003-1318 UNION# 2003-0438-0007 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Bowes 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. ThIS IS a group gnevance In whIch the gnevors challenge the employer's dIscontInuance of a practIce whereby employees were permItted to carry over all unused compensatIng and lIeu tIme beyond March 31 folloWIng the calendar year In whIch they were earned. ThIS change In practIce was prevIOusly the subJect of a polIcy gnevance The resolutIOn of that gnevance essentIally provIded for an extended transItIOn penod before the new practIce became firmly establIshed. DespIte the resolutIOn of the pnor gnevance and the employer's apparent complIance wIth the process contemplated thereIn, the Instant gnevors have agaIn challenged the change In practIce The umon IndIcates that It has "no dIspute" wIth the employer In the context of the most recent group gnevance 3 HavIng consIdered the submIssIOns of the partIes, the gnevance IS hereby dIsmIssed. Dated at Toronto thIS 16th day of August 2004 6 ~"'(I ~L".,_,,,_. . ,.. ,. .11, .. Bram Her ich, Vice-Chairperson