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HomeMy WebLinkAbout2007-0703.Sullivan.09-01-27 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#2007-0703 UNION#2007-0368-0056 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sullivan) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Stacey Zafiriadis Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services HEARINGOctober 15, 2008. 2 Decision [1]The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the 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]In this matter, Ms. Karen Sullivan, a Correctional Officer alleged the Employer violated the collective agreement by failing to provide her with a necessary accommodation due to family status. The grievor raised a matter in our discussions and I allowed the Union and the grievor the opportunity to provide follow up information. [3]It is for this reason that this decision is being issued two months following our mediation/arbitration session. [4]The Union, on behalf of the grievor did make further submissions and the Employer had an opportunity to reply. [5]After reviewing all of the particular facts in this matter and the submissions made by the parties, I have not been persuaded by the grievor or the Union. Accordingly, I am of the view that the grievance must fail. th Dated at Toronto this 30 day of January 2009. Felicity D. Briggs, Vice-Chair