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HomeMy WebLinkAbout2006-1818.Hart.08-05-15 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# 2006-1818 UNION# 2006-0530-0042 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Hart) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Scott Andrews and Stephen Giles Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services HEARING April 24, 2008. 2 Decision The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent. The grievance relates to the requirement for the grievor to undergo a CPIC clearance when moving between jobs but within the same ministry. I have concerns about the apparent lack of consistency with regards to the employer?s requests for CPIC clearances. Although, in this instance, the request did not impede the grievor?s transfer between positions within the Ministry, it would seem appropriate for the employer to adopt a policy, if it has not already done so, in order that employees may understand when, and under what circumstances, a clearance will be required. After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. th Dated at Toronto, this 15 day of May, 2008. Barry Stephens, Vice-Chair