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HomeMy WebLinkAbout2006-2740.Robertson et al.08-11-17 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#2006-2740, 2006-2741, 2006-2742, 2006-2743, 2006-2744, 2008-0524 UNION#2006-0234-0417, 2006-0234-0418, 2006-0234-0419, 2006-0234-0420, 2006-0234-0421, 2008-0234-0127 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Robertson et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Stacey Zafiriadis Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Diane Cotton Manager ? Human Resources Strategic Operations Ministry of Community Safety and Correctional Services HEARING October 29, 2008. 2 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] These grievances all raise the same issue. The grievors all claim that, when working as unclassified employees, they are/were not able to accumulate service credits towards their Continuous Service Dates (CSD) for weeks when they worked lest than 40 hours. Some of the grievor?s point to the arrangement between the employer and the union that recognized the service of employees at CNCC, which was recently incorporated into the jurisdiction of MCSCS. [3] The grievances allege that the CNCC employees are receiving credit for service outside the ministry, while significant portions of the grievors? service time is has been discounted owing to the ?40 hour? rule. The employer responds that the parties have agreed to the ?40 hour? rule in the collective agreement, and, similarly, reached a joint agreement with respect to the treatment of the seniority of CNCC employees. As a result, there is no breach of the collective agreement. 3 [4] After reviewing the submissions of the parties and the collective agreement, it is my conclusion that grievance should be dismissed. th Dated at Toronto this 17 day of November, 2008. Barry Stephens, Vice-Chair