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HomeMy WebLinkAbout2004-1782.Burke et al.08-06-20 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# 2004-1782, 2004-1783, 2004-2810, 2004-3187 UNION# 2004-0234-0442, 2004-0234-0444, 2004-0234-0623, 2004-0234-0677 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Burkeet al.) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Scott Andrews and Stephen Giles Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING June 11, 2008. 2 Decision The Employer and the Union agreed to participate in the Expedited Mediation- Arbitration process in accordance with the negotiated Protocol for grievances filed on behalf of or by Bailiffs. A number 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. Paul Chmurzynski, George Burke and Patrick Hamel each filed grievances regarding three job competitions that were held for Bailiffs in the summer of 2004. One of the competitions was open only to females while the remaining two were open to all staff at the Maplehurst Correctional Complex. During the presentation of these grievances I was given an opportunity to hear facts and submissions and to review various documents regarding these two job competitions. The grievors were of the view that seniority was by-passed. However, after a review of the process I am of the view that there has been no violation of the Collective Agreement. th Dated in Toronto this 20 day of June 2008. Felicity D. Briggs Vice-Chair