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HomeMy WebLinkAbout2007-3526.MacKinnon.08-11-13 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#2007-3526 UNION#2007-0368-0192 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (MacKinnon) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Stephen Giles Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services HEARINGNovember 5, 2008. 2 Decision [1]The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Many of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, in accordance with the Protocol, this decision is to be without prejudice and precedent. [2]Ms. Debbie McKinnon is a Correctional Officer who filed a grievance alleging various breaches of the Collective Agreement regarding her employment, her work schedule and the amount of compensation received during the late summer of 2007. The parties provided me with full particulars. It is sufficient to say that there were a number of areas of factual dispute. Further, both the Employer and the Union had an opportunity to make submissions regarding appropriate remedy in this matter. [3]Given the facts provided, including the relevant documents I am not inclined to uphold the grievance with the following exception. I am prepared to give the grievor the benefit of the doubt that she was confused as to her schedule following the meeting held on August 27, 2007. Therefore, I order the Employer to increase the grievor?s vacation bank by two eight hour shifts. [4]Further, I was assured by the Employer that there is no discipline on the grievor?s file. I accept that assurance and order the Employer to provide the grievor with an opportunity to review her personnel file within ten days of the day of this decision. [5]I remain seized in the event there are any implementation difficulties. th Dated at Toronto this 13 day of November, 2008. Felicity D. Briggs, Vice-Chair