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HomeMy WebLinkAbout2007-3210.Lachance.09-06-15 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#2007-3210 UNION#2007-0617-0023 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Lachance) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREBarry Stephens Vice-Chair FOR THE UNIONAnastasios Zafiriadis, Frank Inglis & Greg McVeigh Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYER Karen Martin & Brian Scott Staff Relations Officers Ministry of Community Safety and Correctional Services HEARINGJune 12, 2009. 2 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 compensation for the meal allowance under COR Art. 12.1.1. The grievor claims he was eligible for this allowance for a series of shifts in October and November 2007. The employer produced minutes of an ERC meeting held on December 11, 2007 to discuss this issue. The minutes reflect in Paragraph 4 that the parties agreed on the application of the meal allowance, and also stipulated that the agreement would be ?retroactive to December 11, 2007.? The ERC minutes further show the reference to the retroactive date crossed out with an asterix beside. At the end of the minutes there is an asterix with a note stating: ?Mr. Lachance & Holmes are in disagreement in regards to no. 4 as per the starting date. They have an [sic] ongoing issues.? The Local union president signed the minutes. Mr. Lachance filed his grievance on December 17, 2007. [3]The grievor alleges that there was no agreement to a starting date. The employer asserts that the parties agreed on a starting date, and that the union president signed the minutes. The union argues that the retroactive date was not agreed but was crossed out, with an 3 explanation being provided as to why the union could not agree. I note that the collective agreement contains a provision stipulating that an employee has thirty days in which to file a grievance. [4]After reviewing the submissions of the parties and the collective agreement, the grievance is upheld in part and the grievor is awarded $40.00 as meal allowance compensation under Art. 12.1.1. th Dated at Toronto this 15 day of June 2009. Barry Stephens, Vice-Chair