HomeMy WebLinkAbout2008-1926.Williams.09-06-17 Decision
Commission de
qCrown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
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GSB#2008-1926
UNION#2008-0225-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Williams)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREDeborah J. D. Leighton Vice-Chair
FOR THE UNIONGreg McVeigh
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERKaren Martin
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGMay 19, 2009.
-2-
Decision
[1]Mr. Chad Williams, an unclassified correctional officer at Walkerton Jail,
grieved on July 12, 2008 that he has ?been denied the full pay and benefits
of a seasonal employee, from the day (he) was entitled to receive them.?
The grievor took the position that since his date of hire he should have been
on a seasonal contract and paid accordingly, because the character of his
working conditions better fits the seasonal employee.
[2]The employer denied that it had violated the collective agreement and
submitted that the grievor had been properly appointed to the unclassified
service as a fixed term public servant, pursuant to the
Public Service Act
(repealed) and the , in his most recent contract,
Public Service of Ontario Act
dated September 27, 2008.
[3]The parties referred this grievance to mediation/arbitration in accordance
with Article 22.16 of the collective agreement. At the outset of the hearing
the parties agreed that I had the jurisdiction to deal with this matter. They
asked that I issue a decision without precedent or prejudice, and without
written reasons in accord with the provisions for expedited hearings under
Article 22.16.
[4]Having carefully considered the submissions of the parties, as well as the
jurisprudence of the Board, I hereby dismiss this grievance.
th
Dated at Toronto this 17 day of June 2009
.
Deborah J.D. Leighton, Vice-Chair