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HomeMy WebLinkAbout2005-3697.Cvitkovich.07-03-29 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# 2005-3697 UNION# 2006-0108-0007 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING DEADLINE FOR SUBMISSIONS Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Cvitkovich) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Barry Stephens Stephen Giles and Marie Thomson Grievance Officers Ontario Public Service Employees Union Rena Khan and Gary Wylie Staff Relations Officers Ministry of Community Safety and Correctional Services March 15,2007 March 20,2007. Union Employer Vice-Chair 2 Decision INTRODUCTION The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. Although the Elgin- Middlesex Detention Centre is not formally covered by the protocol, the parties agreed at the outset that the protocol would apply to the session held March 13 - 15, 2007. 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 grievor was on WSIB leave from July 21 to December 23, 2005. In mid-December, he provided the employer with a medical form indicating he was ready to return to work effective December 24, 2005. When the grievor had started his leave, he had been removed from the compressed workweek schedule and placed in the administrative schedule for the purposes of hourly credits. The reason for this change is to assist in the transition back into the compressed workweek schedule when an employee returns to work after a lengthy absence. The employer states that this is standard procedure. After receiving the grievor's documentation, the employer determined he could return to his normal rotation on December 28. The grievor alleges he 3 should have been returned earlier, and seeks compensation for the loss of opportunity to work on December 24 and 25,2005. DECISION The grievance is dismissed. Dated at Toronto, this 29th day of March, 2007. Barry