HomeMy WebLinkAbout2004-1574.Whyte.08-09-10 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement 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#2004-1574
UNION#2004-0368-0047
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Whyte)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION Scott Andrews,
Grievance Officer
Ontario Public Service Employees Union
Stephen Giles,
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Karen Martin
Employee Relations Advisor
Ministry of Community Safety and Correctional
Services
Sean Milloy
Staff Relations (Intern)
Ministry of Community Safety and Correctional
Services
HEARINGAugust 28, 2008.
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 a ?True
Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions, which
include the facts and authorities each relies upon. This decision is issued in accordance with the
Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
The grievor was formerly a Security Officer at Millbrook. His home position was changed to
that of a Driver at CECC, but, prior to taking up that assignment, he responded to a ?request for
expression of interest? for a temporary position at Millbrook in the Marker Plant. The terms and
conditions of the temporary assignment stipulated that the rate of pay would be at the Industrial
Officer 1 level and that, as the assignment was voluntary, the grievor was not eligible for travel
or mileage expenses. The grievor indicated his acceptance of these terms by signing at
Temporary Assignment agreement.
The grievor argues that he should have been paid the Industrial Officer 2 rate, and should have
been eligible to claim mileage and travel expenses. The employer responds that the temporary
posting was voluntary, and that the grievor understood and accepted in advance both the rate of
pay and the fact that expenses would not be paid.
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After reviewing the submissions of the parties and the collective agreement, it is my conclusion
that the grievance should be dismissed.
th
Dated at Toronto, this 10 day of September, 2008.
Barry Stephens, Vice-Chair
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