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HomeMy WebLinkAbout2006-1467.Brooks.06-12-15 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# 2006-1467 UNION# 2006-0582-0106 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 (Brooks) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Deborah 1. D. Leighton Scott Andrews Grievance Officer Ontario Public Service Employees Union Pauline Jones Staff Relations Officer Ministry of Community Safety and Correctional Services October 26,2006. Union Employer Vice-Chair 2 Decision The parties referred David Brook's grievance (2006-0582-0106) to mediation-arbitration in accordance with Article 22.16 of the Collective Agreement. The grievance alleges that management violated Article 3 of the Collective Agreement when the grievor did not get training for a management position upon his return to work. The grievor had been scheduled for this training before being away from work for some months because of an injury. The grievor seeks a full time OM 16 position as a remedy. The employer took the position that the grievor had no entitlement under the collective agreement to this training or the position. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter and they requested in accordance with Article 22.16, that I issue a without prejudice decision, with no reasons. Having carefully reviewed the submissions of the parties as well as the jurisprudence of the Board, I hereby deny the grievance. Dated at Toronto this 15th day of December 2006.