HomeMy WebLinkAbout2005-0422.Balogh.07-11-28 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# 2006-0422
UNION# 2004-0135-0018
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
(Balogh)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Reva Devins
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Karen Martin, Brian Scott
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
November 20,2007.
Union
Employer
Vice-Chair
2
Decision
The parties have agreed to use the Expedited Mediation-Arbitration Protocol to resolve
grievances at the Windsor Jail. 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 a 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 was improperly paid less than a correctional
officer who performed the same work on a temporary assignment. The Grievor acknowledges
that, for the period in question, she was paid at the top of the applicable rate for her record clerk
position. It was also acknowledged that the person who filled the temporary assignment came
from a higher rated position and that she continued to be paid at the rate applicable to the
classification from which she came. The Employer relied on Article 8.3 of the collective
agreement as the basis for the differential payment.
Having considered the submissions of the parties I have determined that there has been no
violation of the Collective Agreement. The grievance is dismissed.
~~_Dated at To_r_~nto t~is 28th day of November 2007
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Reva Devins
Vice-Chair