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HomeMy WebLinkAbout2008-1091.Sullivan.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#2008-1091 UNION#2008-0368-0066 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sullivan) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Stacey Zafiriadis Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services HEARINGOctober 15, 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. Karen Sullivan, Correctional Officer, alleged that there had been a breach of a Memorandum of Agreement that had earlier been signed by these parties. Within that Memorandum were conditions intended to restrict interactions between Ms. Sullivan and a particular manager for a set period of time. Ms. Sullivan now asserts that the Employer has violated that agreement and by way of remedy requested losses resulting from her sick leave (top-up costs) and damages. [3]According to the facts provided, the grievor was notified by a co-worker that the manager was seen in the grievor?s area of work during one of Ms. Sullivan?s regular days off. After receiving that information she was then absent on sick leave for approximately eight weeks. The Employer was not, during much of that interim period, told of any allegation that the Memorandum of Agreement had been breached. [4]After considering the facts and submissions of the parties I must deny the grievor?s requests. I do not agree that the Memorandum of Agreement dated June 30, 2008 has been violated. th Dated at Toronto on this 13 day of November, 2008. Felicity D. Briggs, Vice-Chair