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HomeMy WebLinkAbout2004-0986.Garnett.04-09-22 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# 2004-0986 UNION# 2004-0411-0019 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Garnett) Grievor - and - The Crown In RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE Loretta Mikus Vice-Chair FOR THE UNION Scott Andrews Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Lucy Neal Semor Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING September 10 2004 2 DeCISIon The parties referred this gnevance to mediation/arbitration In accordance with Article 22 16 of the Collective Agreement. The gnevance dated February 06, 2004 Involves attendance/vacation credit reports The Union seeks the declaration that the Collective Agreement has been violated and seeks that the Employer be directed to comply with the Collective Agreement. At the outset of the heanng, the parties agreed that I exercise my Junsdlctlon to decide this matter, and requested that I Issue a decIsion, without reasons Having carefully reviewed the eVidence presented and the submissions of the parties, I am satisfied that the Union has satisfied ItS onus to prove that the Employer has failed to comply with Article 45 of the collective agreement. That provIsion mandates that the obligation IS on the Employer to advise employees of their vacation and attendance credits While It can offer access to this Information through the WIN system, It must be done In a manner that satisfies the requirements of the collective agreement. If that access IS limited by availability, knowledge or training, It will not comply with Article 45 and the Employer IS ordered to provide that Information In a more meaningful way I shall remain seised should the parties encounter any difficulties anslng In the Implementation of this order Accordingly, the aforementioned gnevance IS resolved Dated at Toronto this 22nd day of September 2004 Loretta Mikus, Vice-Chair