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HomeMy WebLinkAbout2006-0810.Valaitis.07-02-05 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#2006-0810 UNION#2006-0530-0025 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 (Valaitis) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Felicity D. Briggs Stephen Giles Grievance Officer Ontario Public Service Employees Union Lucy Neal Staff Relations Officer Ministry of Community Safety and Correctional Services January 22, 2007 Union Employer Vice-Chair 2 Decision In the spring of 2005, at the Ministry Employee Relations Committee, the parties agreed to a series of Memoranda of Agreement for each correctional facility in the Province to roll as over a specified number of unclassified employees into resource position management classified positions. In each of those documents the final paragraph stated that, "Felicity Briggs, Vice-chair of the Grievance Settlement Board be seized with resolving any disputes arising from the implementation of this Agreement/Settlement." It was agreed in each case that these settlements were "without prejudice to the position of either party". It follows that this decision has no presidential value. In the Memorandum of Agreement for the Toronto Jail, the parties stated at paragraph 11: The parties note that a "settlement" signed by local parties was not appropriate. In order to address this issue the parties agree that the effective date of the employee's appointment to the classified service will be no later than November 24, 2004. The classified employee's rights and entitlements will flow from that date. As a result of this improper settlement Laura Valaitis, a Correctional Officer from the Toronto Jail was not properly rolled over. She filed a grievance in this regard that was put before me. By way of remedy she asked for full redress. There was no dispute between the parties that the grievance should be upheld. The only area of dispute that was put before me for determination is the amount of money owing to the grievor as the result of her not being placed on the local classified overtime protocol list. After having heard the facts and the parties' submissions, I hereby order the Employer to pay compensation in the amount of $21, 186. for the loss of overtime opportunity. 3 I remain seized in the event that there are difficulties flowing from this order. Dated at Toronto, the 5th day of February. 2007. Felicity D. Briggs