HomeMy WebLinkAbout2003-2341.Sutherland et al.08-05-08 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# 2003-2341, 2003-2342, 2003-2343, 2003-2344
UNION# 2003-0616-0036, 2003-0616-0037, 2003-0616-0038, 2003-0616-0039
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sutherlandet al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNION Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Karen Martin and Brian Scott
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING
April 17, 2008.
2
Decision
On September 19, 2003 the grievors, all unclassified Correctional Officers at the time, filed a
grievance alleging that contrary to principles of fairness and the collective agreement, the
employer was scheduling another unclassified CO to a ?guaranteed 40 hours per week-full time
schedule.? The employer took the position that there was no breach of the collective agreement,
as the individual in question was working in an acting management position. The parties referred
these grievances to mediation-arbitration in accordance with Article 22.16 of the Collective
Agreement.
At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter
and they requested, in accordance with Article 22.16, that I issue a without prejudice decision,
with no reasons.
Having carefully reviewed the submissions of the parties as well as the jurisprudence of the
Board, I hereby dismiss the grievances.
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Dated at Toronto this 8 day of May, 2008.
Deborah J. D. Leighton
Vice-Chair