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HomeMy WebLinkAbout2004-3493.Hutton.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#2004-3493 UNION#2005-0440-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Hutton) 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. Jessica Hutton grieved on January 4, 2005 that for the past nine (9) plus months, St. Lawrence Valley Correctional Treatment Centre had denied her the right to perform bargaining unit work (cleaner position) which continues to be performed by non-bargaining unit workers (temp agency). The employer took the position that there had been no violation of the collective agreement. 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, as well as the jurisprudence of the Board, I hereby dismiss this grievance. th Dated at Toronto, this 12 day of August, 2008. Deborah J.D. Leighton Vice-Chair