Loading...
HomeMy WebLinkAbout2005-3467.Spicer.06-05-08 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# 2005-3467 UNION# 2005-0337-0029 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (SpIcer) Union - and - The Crown In RIght of Ontano (Mimstry of ChIldren and Youth ServIces) Employer BEFORE Reva DevIns Vice-Chair FOR THE UNION Stephen GIles Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Nicholas Sapp Employee RelatIOns AdvIsor Mimstry of ChIldren and Youth ServIces HEARING May 2, 2006 2 DeCISIon The partIes have agreed to an expedIted medIatIOn-arbItratIOn process to resolve gnevances at the BrooksIde Youth Centre In Cobourg. Although a formal protocol has not been finalIzed, the partIes have agreed to attempt to settle matters at medIatIOn and, If medIatIOn IS not successful, to refer appropnate cases to expedIted arbItratIOn. The partIes specIfically agree that the Vice Chair can hear the matter under ArtIcle 22 16 of the collectIve agreement and that the decIsIOn wIll be wIthout preJudIce or precedent. In thIS case, the gnevance asserts that allocated assIgnments were Improperly determIned on the basIs of gender The gnevor seeks compensatIOn by way of premIUm pay for ShIftS he claims were Improperly reassIgned. The partIes agree that It IS not appropnate for the employer to consIder an IndIVIdual's gender In determInIng whether they are qualIfied to perform the normal dutIes of a Youth ServIce Officer ("YSO") Consequently YSO's should not be assIgned or reassIgned on the basIs of gender subJect only to certaIn operatIOnal reqUIrements of the facIlIty such as the performance of search and escort dutIes With respect to the gnevor's request for "performance or premIUm pay" havIng consIdered the submIssIOns of the partIes, I find that there IS no entItlement to premIUm pay In the CIrcumstances of thIS case The gnevance IS dIsmIssed. Dated at Toronto thIS 8th day of May 2006 ~-~ ' -- ~ '. .";:!;. ". ~ I . 1 ~. '" ''''__ ".' ';, , :." '" - - tl .- ~. - R D --, "'~ eva eVInS Vice-Chair