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HomeMy WebLinkAbout2006-1309.Narhi et al.07-01-15 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 Fax (416) 326-1396 Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2006-1309,2006-1726,2006-1728,2006-1729, 2006-1731, 2006-1734 UNION# 2006-0252-0007,2006-0252-0013, 2006-0252-0015, 2006-0252-0016, 2006-0252-0018, 2006-0252-0021 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Narhi et al.) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Barry Stephens 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 November 8,2006. WRITTEN SUBMISSIONS January 10,2007. 2 Decision The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. It is not necessary to reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, 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 under the Protocol. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent. The parties were unable to resolve this matter in mediation. Accordingly, the matter has been referred to me as a True Mediation/Arbitration decision under the Protocol. FACTS The grievors all claim they are entitled to a bank more than 12 hours of compensating time off (CTO) for working on statutory holidays. In this regard, they rely on a practice that was in place at the Mimico facility. The employer responds that the collective agreement only provides for 12 hours of total hours CTO. The employer acknowledges the practice was different at Mimico for a time, but that the Mimico practice was in error, and has since been corrected. 3 DECISION After reviewing the facts and the submissions of the parties, it is my view that these grievances should be dismissed. Dated at Toronto, this 15th day of January, 2007. Barry