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HomeMy WebLinkAbout2017-1844.Ellis.18-04-04 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 2017-1844 UNION# 2017-0701-0004 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ellis) Union - and - The Crown in Right of Ontario (Ministry of Tourism, Culture and Sport) Employer BEFORE Diane Gee Arbitrator FOR THE UNION Jackie Crawford Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel HEARING March 28, 2018 -2- DECISION [1] This matter is a grievance alleging the grievor was improperly laid-off/terminated from the position of Maintenance Mechanic. The grievance indicates that the grievor was “not recalled as per 32.5.1.2 and any other specific article that applies.” [2] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. This is a matter to which article 22.16.2 applies. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. The facts of the matter were not in dispute and there was no need for me to hear oral evidence. The parties made submissions as to the meaning of the applicable collective agreement language. [3] In accord with the policy of the parties for expedited hearings under Article 22.16 no reasons are being provided and this decision is without precedent or prejudice. [4] Having carefully considered the submissions of the parties, I hereby deny this grievance. Dated at Toronto, Ontario this 4th day of April, 2018. “Diane Gee” ___________________ Diane Gee, Arbitrator