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HomeMy WebLinkAbout2005-2898.Duncan.06-06-12 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2005-2898 UNION# 2005-0234-0555 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Duncan) Union - and - The Crown in Right of Ontario (Ministry Community Safety and Correctional Services) Employer BEFORE Vice-Chair Marilyn A. Nairn FOR THE UNION Stephen Giles Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Faith Crocker Staff Relations Officer Ministry Community Safety and Correctional Services HEARING June 7, 2006. 2 Decision The parties have agreed to an expedited mediation-arbitration process to determine grievances at the Maplehurst Correctional Comp lex and Vanier Centre for Women. It is not necessary to reproduce the entire protocol here. Su ffice it to say that the pa rties have agreed to attempt to resolve matters at mediation; failing wh ich, they have agreed to utilize an expedited arbitration process. At the h earing, oral evidence is not ca lled, although the Vice-Chair may request further information or documentation. In addition, if it becomes appa rent to either party, or to the Vice-Chair, th at the issues involved in a particul ar case are of a complex nature, the case may be taken out of the expedited process and processed through ?r egular? arbitration. Although individual grievors often wish to provide oral evidence at arbitration, the process adopted by the parties provides for a thorough canvassi ng of the facts prior to, and at the hearing, and leads to a fair and efficient adjudication process. The parties ag reed that I have the jurisdiction to hear and determine this matter and they requested that I issue a without prejudice decision, with no reasons. In this case, the grievance asserts that the employer is in violati on of articles 2, 3 and UN8 of the collective agreement by denying Shelia Duncan, the grievor, an overtime opportunity on November 11, 2005. Having heard the submissions of the partie s, and pursuant to Article 22.16 of the collective agreement, this gr ievance is hereby dismissed. th Dated at Toronto, Ontario this 12 day of June, 2006. Marilyn A. Nairn, Vice-Chair.