HomeMy WebLinkAbout2003-1307.Jones.07-10-09 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#2003 -13 07
UNION#2003-0582-0121
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
(Jones)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
M. Brian Keller
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
August 29,2007.
Union
Employer
Vice-Chair
2
Decision
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that 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, although the vice-chair has the
discretion to request further information or documentation. Arbitration decisions are issued in
accordance with Article 22.16 of the collective agreement, without reasons, or with very brief
reasons, and are without prejudice or precedent.
The grievance in this case relates to denial of sick credits and overtime.
While the facts in this case are not overly complicated, the appropriate remedy is. This is a
classic "Humpty Dumpty" case. That is, the eggs, once broken, cannot be put back together
again. Also having to be considered are internal equities with other bargaining unit members and
overtime payments already received by the grievor.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion
that the grievance should be upheld in part. The grievor is to be credited with 40 hours in his
bank.
Dated at Toronto, this 9th day of October, 2007.
M. Brian Keller, Vice-Chair