HomeMy WebLinkAbout2007-3464.Wakeling et al.08-12-05 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
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GSB#2007-3464, 2008-0212
UNION#2008-0108-0014, 2008-0108-0069
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Wakeling & Anderson 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
Scott Andrews, Frank Inglis & Greg McVeigh
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin, Greg Gledhill & Brian Scott
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARINGNovember 27, 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]The employer appointed a male unclassified officer to an acting OM16 position. The
grievors allege that the employer?s action disadvantaged them in that they missed the
opportunity afforded to another employee to secure temporary work that provided, among
other things, regular 40-hour work weeks, which are credited to an unclassified
employee?s Continuous Service Date (CSD). The employer responds that the individual
in question was appointed to the acting position in accordance with the jointly agreed
STAP, a program intended to enhance access to employment opportunities within the
ministry, including access to acting OM16 opportunities.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievances should be dismissed.
th
day of December, 2008
Dated at Toronto this 5
Barry Stephens, Vice-Chair