HomeMy WebLinkAbout2004-3202.Fletcher.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
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GSB#2004-3202
UNION#2004-0440-0048
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Fletcher)
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
On September 22, 2004, Mr. Rick Fletcher, a classified correctional officer at St. Lawrence
Valley Correctional and Treatment Centre, filed a grievance complaining that as a permanent
staff member at the SLVCTC he should not have been booked off on the statutory holiday on
September 6, 2004, when unclassified CO?s worked that day. The employer took the position
that there was no breach, as CO?s have no right under the Collective Agreement to work on a
statutory holiday. The parties referred this grievance 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 requested, in accordance with Article 22.16, that I issue a without prejudice decision,
with no reasons.
Having carefully reviewed the submissions of the parties as well as the jurisprudence of the
Board, I hereby dismiss the grievances.
th
Dated at Toronto this 12 day of August, 2008.
Deborah J.D. Leighton
Vice-Chair