HomeMy WebLinkAbout2005-3583.Heigh et al.06-11-14 Decision
Crown Employees
Grievance Settlement
Board
Commission de
reglement des griefs
des employes de la
Couronne
Nj
~
Ontario
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
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Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2005-3583,2006-0192,2006-0335,2006-0336, 2006-0337, 2006-0338, 2006-0339, 2006-0340,
2006-0341,2006-0342,2006-0343,2006-0344,2006-0345,2006-0346,2006-0347,2006-0348,
2006-0349,2006-0350,2006-0351,2006-0352,2006-0752,2006-0753,2006-1073,2006-1341
UNION# 2006-0368-0006,2006-0368-0023, 2006-0368-0024, 2006-0368-0025, 2006-0368-0026,
2006-0368-0027,2006-0368-0028, 2006-0368-0029, 2006-0368-0030, 2006-0368-0031,
2006-0368-0032,2006-0368-0033,2006-0368-0034,2006-0368-0035,2006-0368-0036,
2006-0368-0037,2006-0368-0038,2006-0368-0039,2006-0368-0040,2006-0368-0041,
2006-0368-0051,2006-0368-0052,2006-0368-0065,2006-0368-0082
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Heigh et al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Brian Keller
Vice-Chair
FOR THE UNION
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin
Corporate Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
September 8, 2006.
2
Decision
The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of
the Collective Agreement. There were a number of grievances filed in 2006 by unclassified
Correctional Officers (COs) at the Central East Correctional Centre. Although the wording
varies, a typical grievance reads: "I grieve article 31A and all other applicable acts, policies and
legislation, in that, other unclassified COs with less seniority are paid at top rate (sic) of pay
while I am bound by the progression of salary range." In essence, these grievances are about
retired COs being rehired as unclassified COs and remaining at the top of the C02 pay grid
while newly hired COs must progress through the Ministries pay progression system.
The Grievors are seeking to be compensated for what they feel is an inequitable pay system.
That is, they want to be paid as a top level C02 retroactively to their date of hire.
At the outset of the hearing, the parties agreed that I exercise my jurisdiction to decide this
matter, and requested that I issue a decision, without reasons.
Having carefully reviewed the Employer's policies on rehiring of employees and pay
progression, in addition to the evidence and the submissions presented by the parties, I find that
there is no violation of the collective agreement. Therefore, the grievances are dismissed.
Dated at Toronto, this 14th day of November, 2006.