HomeMy WebLinkAbout2006-0095.Larabee.09-04-15 Decision
Commission de Commission de
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Grievance Settlement Grievance Settlement
règlement des griefs règlement des griefs
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des employés de la des employés de la
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2006-00952006-0095
GSB#GSB#
2005-0108-0075 2005-0108-0075
UNION#UNION#
IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION
UUnnddeerr
THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT
BBeeffoorree
THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD
BETWEENBETWEEN
Ontario Public Service Employees Union
(Larabee)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens Vice-Chair
FOR THE UNIONScott Andrews, Frank Inglis, Greg McVeigh
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Sean Milloy, Greg Gledhill
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING
March 31, 2009
DECISION
[1] The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have
agreed to a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair
with submissions, which include the facts and authorities each relies upon. This
decision is issued in accordance with the Protocol and with Article 22.16 of the
collective agreement, and is without prejudice or precedent.
[2] The grievance in this case relates to the grievor?s classification. He has been
classified as an Industrial Officer 1, and seeks reclassification as an Industrial Officer 2.
He has provided substantial documentation in support of his grievance. The employer
raises a preliminary objection that I have no jurisdiction to hear the matter. The
grievance was filed November 18, 2005. Letter of Understanding (LOU) 34 was part of
the collective agreement at the time, and it contains various provisions related to the
classification system, including the following:
14. The parties agree to a moratorium on any new classification grievances
of complaints during the term of the collective agreement.
[3] After reviewing the submissions of the parties and the collective agreement, it is
my conclusion that the grievance should be dismissed.
th
Dated at Toronto, this 15 day of April, 2009.
Barry Stephens
Vice-Chair