HomeMy WebLinkAbout2006-1882.Beek.09-01-26 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#2006-1882
UNION#2006-0517-0020
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Beek)
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
Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARINGJanuary 12, 2009.
2
Decision
[1]The Employer and the Union at the Toronto West Detention Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. Many 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, the decision is to be without prejudice and
precedent.
[2]The grievor, Selena Beek, filed a grievance alleging that the Employer failed to
accommodate her regarding certain scheduling restrictions. As a result of the failed
accommodation, hours of work were lost which, according to grievor ultimately resulted
in a failure to be rolled over into a classified position.
[3]The grievance is allowed in part. The Employer is to pay the grievor for one hundred and
twenty eight hours at straight time for shifts she was not given the opportunity to work
between April 26, 2006 and August 23, 2006.
[4]Those missed opportunities to work during the aforementioned period affected the
grievor?s seniority calculations under Appendix 24 of the Collective Agreement for her
pregnancy and parental leaves from August 2006 to September 2007. Therefore, the
Employer shall recalculate the grievor?s Appendix 24 seniority and provide the revised
calculation to the grievor within thirty days.
[5]I remain seized in the event of implementations difficulties.
th
Dated at Toronto this 27 day of January 2009.
Felicity D. Briggs, Vice-Chair