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HomeMy WebLinkAbout2006-0315.Baker.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# 2006-0315 UNION# 2006-0517-0008 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Baker) Union - and - The Crown III 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 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 an "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. The gnevance relates to the gnevor's claims for a senes of $6 00 meal allowances resultIng from ShIft extenSIOns The claims all date back to 2003 and 2004 and were filed In January 2006 The gnevor states that he was not aware that he could make such a claim untIl Just pnor to the date on whIch they were submItted. The 42 claims totalled $252 00 The employer responds that the gnevances were all out of tIme, WIth the most recent pertaInIng to a ShIft worked late In 2004 GIven the passage of tIme, the employer asserts It IS not In a posItIOn to confirm that the extenSIOns were worked under the condItIOns necessary to tngger the allowance 3 After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my conclusIOn that the gnevance should be dIsmIssed. Dated ~t Toronto thIS 25th day of July 2006