HomeMy WebLinkAbout2008-2804.Mackevicius.09-06-18 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
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GSB#2008-2804
UNION#2008-0618-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mackevicius)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREDeborah J. D. Leighton Vice-Chair
FOR THE UNIONAnastasios Zafiriadis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERNicholas Sapp
Ministry of Children and Youth Services
Employee Relations Advisor
HEARING
May 13, 2009.
-2-
Decision
[1]Mr. Robert Mackevicius, a Youth Services Officer at Cecil Fraser Youth Centre, grieved
on August 5, 2008, alleging that the employer breached Articles 2 and 9 of the collective
agreement and various health and safety policies when it failed to warn him of mould in a
building. This exposure lead to the grievor being off on short term sick leave. He alleges
that he therefore missed several overtime opportunities. The employer took the position
that there was no breach of the collective agreement.
[2]At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this
matter and they asked that I issue a decision that is without written reasons, in accord
with the provisions for expedited hearings under Article 22.16 of the collective
agreement between the parties. The parties agree that this decision is without prejudice
or precedent to any matters in the future.
[3]Having carefully considered the submissions of the parties, and the jurisprudence of the
Board, I hereby order that the employer pay the grievor twelve (12) hours at the overtime
rate.
th
Dated at Toronto this 18 day of June 2009.
Deborah J.D. Leighton, Vice-Chair