HomeMy WebLinkAbout2007-0690.Gray.08-12-10 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#2007-0690, 2007-1348
UNION#2007-0263-0001, 2007-0263-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gray)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Frank Inglis
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Brian Loewen
Counsel
Ministry of Government Services
HEARING
December 4, 2008.
2
Decision
[1]Ms. Kerry Gray is an unclassified Probation and Parole Officer who filed a grievance
alleging that the Employer violated the Collective Agreement by its failure to convert her
to classified status. By way of remedy she requested conversion to classified status with
full retroactivity of compensation and benefits.
[2]During the two days of mediation/arbitration held for this matter I had a full opportunity to
canvas facts and arguments with the parties. It is not necessary to review the facts of this
matter in this decision except to say that the circumstances are outside the norm.
[3]Given the unusual circumstances of this case, I order that the grievor is to be converted to
classified status effective the date of this award. I specifically decline to award any
retroactivity.
[4]I remain seized in the event there are difficulties implementing this decision.
th
Dated at Toronto this 10 day of December 2008.
Felicity D. Briggs, Vice-Chair