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HomeMy WebLinkAbout2019-2872.Sylvester.21-01-14 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# 2019-2872 UNION# 2019-0229-0065 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sylvester) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER David Marincola Treasury Board Secretariat Employee Relations Advisor HEARING January 12, 2021 - 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 January 12 and 13, 2021 the parties at the Ontario Correctional Institute agreed to participate in the Expedited Mediation-Arbitration process with respect to this and other grievances in accordance with the negotiated protocol. [3] The Grievor and another employee were participants in a job sharing agreement. Article 4 of the agreement provides that if one of the participants is absent, the other participant will be given an opportunity to perform the absent participant’s work. In early November, 2019, the Grievor learned that the other participant had been absent for a number of shifts in September and October which had not been offered to her. She grieves seeking compensation equivalent to the pay which she would have received for working those shifts. [4] Having considered the representations of the parties, the grievance is allowed. The Employer is directed to compensate the Grievor for the pay she would have received for working the shifts in question. I remain seized should there be any disputes with respect to the implementation of this direction. Dated at Toronto, Ontario this 14th day of January, 2021. “Ian Anderson” ________________________ Ian Anderson, Arbitrator