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HomeMy WebLinkAbout2005-1684.Crouse.06-10-23 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 IN THE MATTER OF AN ARBITRATION Under Nj ~ Ontario GSB# 2005-1684 UNION# 2005-0467-0009 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union ( Crouse) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) M. Brian Keller Stephen Giles Grievance Officer Ontario Public Service Employees Union Timothy Bingham Staff Relations Officer Ministry of Community Safety and Correctional Services October 5, 2006. Union Employer Vice-Chair 2 Decision The parties have agreed to use the 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 authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase, although the Vice-Chair has 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 precedent or prejudice. These grievances relate to ajob reclassification and alleged harassment. After reviewing the submissions of the parties and the Collective Agreement, it is my conclusion that the grievor is to be reclassified as an OAG 7 retroactive to May 17, 2005 and the Employer is to pay the Grievor the sum of $2,000.00 less those deductions required by law, said sum representing retroactive monies owed. Dated at Toronto this 23rd day of October 2006