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HomeMy WebLinkAbout2005-1694.Theriault et al.07-05-09 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2005-1694, 2005-1695, 2005-1696, 2005-1697, 2005-1698 UNION# 2005-0618-0042, 2005-0618-0043, 2005-0618-0044, 2005-0618-0045, 2005-0618-0046 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Theriaultet al.) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Stephen Giles and Gregg Gray Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Nicholas Sapp and Pauline Barr Employee Relations Advisors Ministry of Children and Youth Services HEARING May 4, 2007 DEADLINE FOR May 8, 2007. WRITTEN SUBMISSIONS 2 Decision INTRODUCTION The parties held a mediation/arbitration session from May 2 to 4, 2007. The process adopted by the parties provided for a canvassing of the facts during the mediation phase. In some cases, where a mediated settlement could not be reached, the parties mutually agreed that arbitration decisions would be issued in accordance with Article 22.16 of the collective agreement, without reasons, and without prejudice or precedent. The parties were unable to resolve this matter in mediation. Accordingly, the matter has been referred to me for a decision. FACTS The grievors were all unclassified YSO?s at the time of the grievance. On May 26, 2005, a resident was placed in the secure isolation area for failure to comply with search procedures. The grievors assert that employer policy 08/03 required that a staff member should have been assigned to provide constant supervision of the resident. Instead, the employer directed the escort officer on Unit 2 to provide intermittent supervision. The union argues that one of the grievors should have been called in to provide constant supervision, and that person would have received four hours pay for the assignment. The employer responds that it is a matter of management rights how and whether to apply specific policies, subject only to the terms of the collective agreement. There was nothing in the collective agreement to prevent the employer from departing from the policy in the circumstances. However, even had the policy been followed, the employer states that an 3 employee already on duty would have been assigned to provide the constant supervision of the resident, and none of the grievor?s would have been called in for a four-hour assignment. DECISION The grievance is dismissed. th Dated at Toronto, this 9 day of May, 2007. Barry Stephens, Vice-Chair