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HomeMy WebLinkAbout2004-1522.Flegg.08-08-12 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#2004-1522 UNION#2004-0440-0037 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Flegg) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Deborah J.D. Leighton FOR THE UNIONScott Andrews Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYERGary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING May 14, 2008. 2 Decision Ms. Nancy Flegg grieved on January 28, 2004 that the employer has improperly calculated her continuous service date. The employer agreed that it would review the grievor?s continuous service date. 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 asked that I issue a decision without written reasons. Having carefully considered the submissions of the parties, this Board hereby orders: 1)That the employer has three weeks from the date of this decision to review the grievor?s employment record and forward the relevant documents to the union for review. 2)Upon receipt of the documents from the employer, the grievor has three weeks to review and respond to the employer. 3)Upon receipt of any response from the grievor or the union, the employer then has a further two weeks to respond to the grievor. 4)If there is no response from the grievor within any of the above noted time limits, the grievance will be deemed to be dismissed. 5)If an issue arises between the parties with regard to the continuous service date of the grievor that cannot be resolved between them, I will remain seized of the dispute. th Dated at Toronto, this 12 day of August, 2008. Deborah J.D. Leighton Vice-Chair