HomeMy WebLinkAbout2009-0521.MacLeod.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#2009-0521, 2009-0522
UNION#2009-0225-0011, 2009-0225-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Macleod/Ernest)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREDeborah J. D. Leighton Vice-Chair
FOR THE UNIONScott Andrews
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]Ms. Karen Macleod and Ms. Barbara Ernest, nurses at Walkerton Jail,
grieved on January 28, 2009 that nurses have ?not been
recognized/represented within the collective agreement from January 2005
to present, in any OPSEU category ( as per p.161 of the collective
agreement) and Articles 1.1,1.2,1.3 and 2.1...? The nurses are seeking their
own bargaining unit outside of the Correctional Bargaining unit or the
Institutional & Health Care Bargaining Unit.
[2]The employer takes the position that it has not violated the collective
agreement and submitted that the grievors are and always have been
properly part of the Institutional &Health Care Bargaining Unit.
[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 with precedent and prejudice, but 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 these grievances.
th
Dated at Toronto this 17 day of June 2009
.
Deborah J.D. Leighton, Vice-Chair