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HomeMy WebLinkAbout2008-2458.Gregorchuk.09-06-17 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#2008-2458, 2008-2459, 2008-2631, 2008-2833 UNION#2008-0617-0049, 2008-0617-0050, 2008-0617-0054, 2008-0617-0056 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Gregorchuk) 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 grievances in this case relate to the grievor?s claim for overtime bailiff shifts during the period from June to October 2008. The grievor argues that the employer made an undertaking that the grievor and four others, who were on an existing roster for bailiff work, would continue to receive such work until a new expanded roster could be worked out. The union took the position, in a separate group of grievances, that the employer did not have the right to make such an undertaking since the previous appointment process had been superceded by the introduction of HPRO. [3]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be dismissed. th Dated at Toronto this 17 day of June 2009. Barry Stephens, Vice-Chair