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HomeMy WebLinkAbout2005-1768.Stellato.06-05-23 Decision Crown Employees Commission de Nj 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# 2005-1768 UNION# 2005-0517-0043 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Stellato) Union - and - The Crown In RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Scott Andrews Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Faith Crocker Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING May 17 2006 2 DeCISIon The partIes have agreed to an ExpedIted MedIatIOn-ArbItratIOn Protocol It IS not necessary to reproduce the entIre Protocol here Suffice It to say that the partIes have agreed to a "True MedIatIOn-ArbItratIOn" process, whereIn each provIdes the vIce-chair wIth submIssIOns, whIch Include the facts and authontIes each relIes upon. The process adopted by the partIes provIdes for a canvaSSIng of the facts dunng the medIatIOn, although the vIce-chair has the dIscretIOn to request further InformatIOn or documentatIOn. ArbItratIOn decIsIOns are Issued In accordance wIth ArtIcle 22 16 of the collectIve agreement, wIthout reasons, and are wIthout preJudIce or precedent. The gnevance In thIS case relates to Frank Stellato Mr Stellato has been an actIng OM16 SInce November 2004 The OM16 posItIOns are management posItIOns outsIde of the collectIve agreement. SInce transferrIng to the ActIng OM16 posItIOn, Mr Stellato has been paid a rate calculated on the basIs of the OM16 rate that IS at least 3% hIgher than hIS prevIOus C02 rate Mr Stellato gneves that hIS rate of pay as an OM16 IS set by Art. 7 1 2 of the collectIve agreement, and has not been adJusted to keep pace wIth the Increases he would have receIved had he remaIned In the C02 posItIOn. He argues that the "3% rule" should be re-applIed whenever hIS former rate IS adJusted, and that he should be compensated accordIngly The employer responds that the matters at Issue are beyond the JunsdIctIOn of the GSB as they deal wIth pay matters for the gnevor In hIS capacIty as a manager outsIde the bargaInIng umt, and outsIde the ambIt of the collectIve agreement. 3 After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my conclusIOn that I do not have the JunsdIctIOn to rule on thIS gnevance Dated at Toronto thIS 23rd day of May 2006