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HomeMy WebLinkAbout2006-3059.Unger.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 Nj ~ Ontario GSB# 2006-3059 UNION# 2007-0135-0007 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 (Unger) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Reva Devins Steven Giles Grievance Officer Ontario Public Service Employees Union Karen Martin, Brian Scott Staff Relations Officers Ministry of Community Safety and Correctional Services November 21,2007. 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's shift on December 4,2006 was improperly cancelled. The Grievor was scheduled to work a full shift on December 4, 2006. He attended at the institution and was sent home after two hours due to insufficient work. The Grievor submitted that although he was an unclassified employee, the Employer should have sent home a less senior unclassified employee. The Employer denied any violation of the collective agreement. The Employer stated that the Grievor was the last person called in for this shift and he was therefore the appropriate employee to send home. It was further submitted that seniority has a very limited application for unclassified employees, as set out in Appendix 24, and does not apply in this instance. 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 T~ day of November 2007 ~ - . - - _..~ , - ".. - I ~-;: . i' . .- ,: . . " "::-_ iii> "- ; ~~ ~ '" - , " - .'- ,- " ~ Reva Devins Vice-Chair