HomeMy WebLinkAbout2007-3123.Butsch.08-01-30 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2007-3123
UNION# 2006-0368-0215
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Butsch)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING January 24, 2008.
2
Decision
The Employer and the Union at the Central East Correctional Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated Protocol. Most of the grievances were settled through that process.
However, a few remained unresolved and therefore require a decision from this
Board. The Protocol provides that decisions will be issued within a relatively short
period of time after the actual mediation sessions and will be without reasons.
Further, the decision is to be without prejudice and precedent.
Mr. Butsch filed a grievance in 2006 that alleged his merit increase was improperly
calculated and asked for a readjustment with monies owed retroactive to 2003.
The Employer conceded that the grievance should be upheld but urged this Board
that compensation should be awarded back only to twenty working days prior to
the filing of the grievance. The Union submitted that the violation can only be fully
redressed by an award of full compensation back to 2003.
Having considered the submissions of the parties regarding jurisdiction and the
Board?s jurisprudence regarding remedies, I must agree with the Employer.
Accordingly, the grievance is upheld to the extent set out above.
th
Dated in Toronto this 30 day of January, 2008.
Felicity D. Briggs
Vice-Chair