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HomeMy WebLinkAbout2019-2435.Buchanan.20-02-14 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 2019-2435; 2019-2436 UNION# 2019-5112-0278; 2019-5112-0279 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Buchanan) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION John Wardell Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Sia Romanidis Treasury Board Secretariat Employer Relations Advisor HEARING February 5 & 6, 2020 - 2 - Decision [1] The Employer and the Union agreed to participate in the Expedited Mediation- Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that an Arbitrator of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise. [2] On February 5 and 6, 2020 the parties at the Toronto South Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. [3] These grievance relate to claims for compensation by the Grievor for work performed in an acting manager position, outside of the bargaining unit. [4] Having considered the representations of the parties, I find I have no jurisdiction to remedy the Grievor’s claims. [5] Accordingly, the grievance is denied. Dated at Toronto, Ontario this 14th day of February, 2020. “Ian Anderson” Ian Anderson, Arbitrator