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HomeMy WebLinkAbout2005-2696.Kemp et al.07-09-25 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# 2005-2696 UNION# 2004-0337-0007 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 (Kemp et al.) - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Deborah J.D. Leighton Stephen Giles Grievance Officer Ontario Public Service Employees Union Nicholas Sapp Employee Relations Adviser Ministry of Children and Youth Services August 23,2007. Union Employer Vice-Chair 2 Decision Ms Kemp et al. grieved on April 20,2004 that "we did not receive the opportunity to use the stat credits which we bought back after conversions... earned in 2003." The employer took the position that there had been no breach of the collective agreement and relied on OPSEU (Martin et al.) andMinistry of Community Safety and Correctional Services 2003-3817, etc. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter and they asked that I issue a decision without written reasons in accord with the provisions for expedi ted hearings under Arti cl e 22.16. Having carefully considered the submissions of the parties, and the jurisprudence of the Board, I find that there has been no breach of the collective agreement. Thus, I hereby dismiss this group gnevance. Dated at Toronto this 25th day of September 2007. ~ ' .:: ~-~,:::;;~!' ;~. ~?~:" " '. / _~: ".. 'e. ., . . '''.'n>.__'':- _ ,_ . _.:-' . :~..o_. ,.)JiT~ D. ~ -.: '"". -'. ,'. _~,o... ....; . .':'.~ Vice-. 'ir "-.-.., ...~.