HomeMy WebLinkAbout2006-0746.Cassidy.07-10-22 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
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Ontario
GSB# 2006-0746
UNION# 2006-0234-0157
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
(Cassidy)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Reva Devins
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
Karen Martin
Employee Relations Officer
Ministry of Community Safety and
Correctional Services
October 15, 2007.
Union
Employer
Vice-Chair
2
Decision
The parties have agreed to use the Expedited Mediation-Arbitration Protocol to resolve
grievances at the Maplehurst Correctional Complex. It is not necessary to reproduce the entire
Protocol here. It is sufficient to state that the parties have agreed that this matter is to be decided
as a "True Mediation-Arbitration". The Vice-Chair, based on the evidence provided during the
mediation session, is required to immediately resolve the grievance following a failed mediation.
The Vice-Chair' s decision will be without reasons, without precedent and prejudice and issued
within 15 days.
In this case, the grievance asserts that the grievor requested escort training and that management
unreasonably denied him that training. The grievor seeks payment of the average overtime
earned by escort trained staff and the meal allowance that he would have received for each of
these shifts between the period of April 2006 and the date of this Award. He no longer wants to
obtain escort training.
The Employer stated that it had previously offered to train the grievor and remains willing to
provide escort training to him at the next available opportunity, commencing either on October
29 or November 5,2007.
Having heard the submissions of the parties, I am not satisfied that the grievor was denied escort
training in violation of the collective agreement. In any event, the appropriate remedy would be
the provision of escort training which the Employer has agreed remains available to the grievor
at the next available opportunity. The grievance is dismissed.
~Da~ed at Toror;to this 22nd day of October 2007
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Reva Devins
Vice-Chair