HomeMy WebLinkAbout2005-3766.Anthony.07-01-29 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# 2005-3766
UNION# 2005-0517-0072
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
DEADLINE FOR
WRITTEN
SUBMISSIONS
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Anthony)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
November 23, 2006.
January 12,2007.
Union
Employer
Vice-Chair
2
Decision
INTRODUCTION
The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. Although the
Toronto Jail was not specifically covered by that protocol, at the outset of our session on
September 27, 2006, both the union and the employer agreed to follow the protocol as closely as
possible. 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
This grievance was filed in November 2005, and involves the grievor's claim to travel time and
S.S.D.O. pay for three periods during which he says he performed S.S.D.O duties at the Bel
Cairn training facility in February-April, April-May, and September-October, 2004. The grievor
claims he was not paid the difference between his C02 rate, and the S.S.D.O. rate, nor was he
paid his travel time for the secondment periods. The grievor states that the reason for the delay
in filing the grievance was that it was only late in 2005 that he learned the position in question
allowed for payment for travel time.
3
The employer responds that it has no record that the grievor worked at Bel Cairn during the
periods in question. Be that as it may, the employer asserts that the grievance is out of time, as it
was filed more than a year after the last period for which the grievor is claiming.
DECISION
After giving careful consideration to the facts and the submissions of the parties, the grievance is
dismissed.
Dated at Toronto, this 29th day of January, 2007.
Barry