HomeMy WebLinkAbout2007-0474.O'Toole.08-06-25 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# 2007-0474
UNION# 2007-0248-0078
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(O'Toole)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
M. Brian Keller
FOR THE UNION Scott Andrews and Stephen Giles
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER Greg Gledhill
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
April 3, 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 an ?True
Mediation-Arbitration? process, wherein each provides the vice-chair with submissions, which
include the facts and authorities each relies upon. The process adopted by the parties provides
for a canvassing of the facts during the mediation phase, although the vice-chair has the
discretion to request further information or documentation. Arbitration decisions are issued in
accordance with Article 22.16 of the collective agreement, without reasons, and are without
prejudice or precedent.
The grievance relates to former employee, not covered in the collective agreement, at the time of
the incident or the grievance.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion
that I am without jurisdiction to deal with this matter.
th
Dated at Toronto, this 25 day of June, 2008.
M. Brian Keller, Vice-Chair