HomeMy WebLinkAbout2000-1743.Punja.07-08-29 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
Nj
~
Ontario
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2000-1743
UNION# 2000-0582-0042, 2000-0582-0043
IN THE MATTER OF AN ARBITRATION
Under
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
(Punja)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Brian Keller
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
August 28, 2007.
Union
Employer
Vice-Chair
2
Decision
The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of
the Collective Agreement. The grievances were originally filed in 2000 and involve the issue of
shift premiums while employed at the Toronto East Detention Centre. The parties came to a
negotiated settlement on August 10th, 2006. The parties are in agreement that there were
administrative delays regarding the payout of the settlement spanning several months. The
grievor requests that the employer be directed to review all records to determine the exact
quantum owed. In addition, the grievor is seeking interest back to the date of the first infraction.
At the outset of the hearing, the parties agreed that I exercise my jurisdiction to decide this
matter, and requested that I issue a decision, with abbreviated reasons.
Having carefully reviewed the evidence presented and the submissions of the parties, I find as
follows:
The parties are to be commended for resolving the disputes at mediation. It is unfortunate that
there were delays regarding the administration of this settlement. It would be inappropriate,
however, to undermine the settlement but it is appropriate to compensate the grievor for the
inconvenience of not being paid in a timely fashion following the settlement. In determining the
appropriate amount of compensation, I also note the unwillingness of the grievor to attend at his
former place of work to collect the cheque in January.
Consequently, after considering the above, I order that the employer is to compensate the grievor
in the sum of $580.00 net, without deductions. The employer is directed to pay the amount
within 14 calendar days.
Toronto, Ontario, this 29th day of August 2007.
M. Brian Keller, Vice-Chair