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HomeMy WebLinkAbout2004-3323.Kujtan.05-10-17 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# 2004-3323 UNION# 2004-0234-0693 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (KuJtan) Union - and - The Crown In RIght of Ontano (Mimstry of Commumty Safety and CorrectIOnal ServIces) Employer BEFORE Manlyn A. Nairn Vice-Chair FOR THE UNION Stephen GIles Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Rena Khan Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING October 6 2005 2 DeCISIon The partIes have agreed to an expedIted medIatIOn-arbItratIOn process to determIne gnevances at the Maplehurst CorrectIOnal Complex and Vamer Centre for Women. It IS not necessary to reproduce the entIre protocol here Suffice It to say that the partIes have agreed to attempt to resolve matters at medIatIOn, faIlIng whIch, they have agreed to utIlIze an expedIted arbItratIOn process In preparatIOn, each party provIdes the Vice-Chair wIth wntten submIssIOns one week pnor to the heanng. Those submIssIOns Include a statement of the facts, as well as the argument (supported by any authontIes) on whIch each party Intends to rely At the heanng, oral eVIdence IS not called, although the Vice-Chair may request further InformatIOn or documentatIOn. In addItIOn, If It becomes apparent to eIther party or to the Vice-Chair that the Issues Involved In a partIcular case are of a complex nature, the case may be taken out of the expedIted process and processed through 'regular' arbItratIOn. Although IndIVIdual gnevors often wIsh to provIde oral eVIdence at arbItratIOn, the process adopted by the partIes provIdes for a thorough canvaSSIng of the facts pnor to and at the heanng, and leads to a fair and efficIent adJudIcatIOn process In thIS case, the gnevance asserts that the employer IS In vIOlatIOn of the collectIve agreement by faIlIng to credIt the gnevor Terry KUJtan, wIth all tIme spent travellIng outsIde of hIS workIng hours The gnevor who lIves In Milton, was In Toronto In order to attend a five-day traInIng course He was away from home for the five days and he was not credIted wIth the hours he spent outsIde of work whIle In Toronto (and excludIng those hours referred to In ArtIcle 144) that IS, those hours between 430 P m. and 11 pm. ThIS matter has already been determIned In Re Pool and Ministry of Correctional Services G S.B No 596/83 (RJ Roberts), August 15th 1984 Upon reVIeWIng the decIsIOn, the umon conceded as much. ArtIcle 14 of the collectIve agreement speaks to "travellIng" and has been determIned not to Incorporate tIme spent away from home but whIch IS otherwIse "free tIme" As stated by Vice-Chair Roberts, "the word 'travellIng' solely refers to the act of physIcally movIng from one place to another on government busIness" (at page 3) The claim here IS for "free tIme" and the collectIve agreement provIdes no entItlement for such penods of tIme 3 ThIS gnevance IS therefore dIsmIssed. Dated at Toronto Ontano thIS 1 ih day of October 2005