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HomeMy WebLinkAbout2007-1554.MacGillivray.08-08-08 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#2007-1554 UNION#2006-0122-0016 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (MacGillivray) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNIONStacey Zafiriadis Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYERNicholas Sapp Employee Relations Advisor Ministry of Children and Youth Services HEARINGJuly 23, 2008. 2 Decision The Employer and the Union at the Bluewater Youth Centre agreed to participate in the Expedited Mediation-Arbitration process. A number of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. In accordance with the agreement of the parties, decisions dealing with those grievances that were not resolved 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. Cathy MacGillivray is a Cook 2 with the Employer. In February 2006 she filed a grievance that alleged she should have been called in for two overtime shifts in September of 2005. It was the grievor?s position that because there was only one Cook 2 at work that day, it was inappropriate for the Employer to assign a Food Services Helper instead of a second Cook . After hearing the facts and submissions I am of the view that there has been no violation of the Collective Agreement and accordingly, the grievance is dismissed. th Dated at Toronto, this 8 day of August 2008. Felicity D. Briggs Vice-Chair