HomeMy WebLinkAbout2007-1754.Melmer.08-09-30 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#2007-1754
UNION#2007-0108-0052
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Melmer)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREBarry Stephens Vice-Chair
FOR THE UNIONStacey Zafiriadis, Marie Thomson, Denise
Sands
Grievance Officers
Ontario Public Service Employees
FOR THE EMPLOYERGary Wylie, Greg Gledhill and Sean Milloy
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING
September 25, 2008.
Decision
[1]
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.
[2]
The grievors assert that the employer has interpreted the continuous service date of
unclassified employees in the context of the STAP program in such a way as to
disadvantage classified employees by recognizing the date of hire of the employee as
being the relevant date for service. They seek a declaration that their service should be
retroactively adjusted in accordance with those principles.
[3]
After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
Dated at Toronto on September 30, 2008.
Barry Stephens, Vice-Chair