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HomeMy WebLinkAbout2004-1409.Cordick.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# 2004-1409 2004-1410 UNION# 2003-0438-0033 2003-0438-0034 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (CordIck) Grievor - and - The Crown In RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE Bram HerlIch Vice-Chair FOR THE UNION Jim Paul Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Michael Bnscoe Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING August 12,2004 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. Two gnevances have been filed allegIng that the employer has vIOlated ItS collectIve agreement oblIgatIOn to dIstnbute overtIme fairly and eqUItably In each case the gnevor complaIns that In a context where he had IndIcated hIS general wIllIngness to work overtIme In the month In questIOn, he was not offered certaIn ShIftS whIch became avaIlable In each case, however the gnevor was on vacatIOn at the tIme and the ShIftS In questIOn were the very ShIftS he would otherwIse have been scheduled to work but for hIS vacatIOn. HavIng consIdered the submIssIOns of the partIes, I was of the VIew that the gnevances were wIthout ment and dIsmIssed them orally at the heanng. Dated at Toronto thIS 16th day of August 2004 ~~.rj 'M'i>iL~~~~l: - . ,. , . -' Bram Herlich, Vice-Chairperson