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HomeMy WebLinkAbout2000-1143.Roy.06-07-25 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# 2000-1143 UNION# 2000-0517-0018 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Roy) 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 PaulIne Jones Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING June 20 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 phase, 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. ThIS gnevance dates back to an IncIdent In August 2000 The gnevor was dIscIplIned for faIlIng to complete assIgned work. On the day In questIOn, he had accepted an overtIme extensIOn. The gnevor wIshed to take a meal break pnor to startIng the extensIOn, as he had not had a meal break SInce the begInmng of hIS shIft. His supervIsor advIsed hIm to complete hIS assIgned task before takIng hIS break. The gnevor expressed concern about these InstructIOns, and decIded to "cancel" hIS overtIme extensIOn. The gnevor asserts the dIscIplIne was unwarranted, as he was actIng based on health and safety concerns He also relIed on the fact that there IS a "pOIsoned" workIng relatIOnshIp wIth thIS supervIsor that was reflected In a GSB decIsIOn Issued In October 1996 He also seeks compensatIOn for loss of the four-hour overtIme extensIOn. The employer responds that the gnevor had opportumty for a meal break dunng hIS ShIft, statIng that there was a penod of approxImately 1 and 1Iz hours when the gnevor had no assIgned dutIes If he dId not take a meal dunng thIS tIme It was hIS own chOIce The gnevor was not demed a 3 break, rather he was advIsed to complete an assIgned duty before takIng a meal break. ThIS was not a cIrcumstance In whIch the gnevor's health was threatened, and he should have followed the pnncIple of "obey now gneve later" The gnevor was InsubordInate In faIlIng to complete hIS assIgnment and In "cancellIng" the ShIft extensIOn. After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my conclusIOn that the gnevance should be demed. Dated ~t Toronto thIS 25th day of July 2006 <