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HomeMy WebLinkAbout2021-0852.Chahal.21-11-03 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB# 2021-0852 UNION# 2021-0252-0014 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Chahal) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Alex Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Victoria Tsiaras Treasury Board Secretariat Employee Relations Advisor HEARING October 28, 2021 -2- DECISION [1] The Employer and the Union agreed to participate in the Expedited Mediation- Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that an Arbitrator of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise. [2] The Grievor is the Food Services Supervisor at the Niagara Detention Centre (“NDC”). This is a bargaining unit position. Her duties include scheduling related functions for approximately four other kitchen staff and other duties as assigned. There are four other related departments at NDC: laundry, maintenance, cleaning and stores. Maintenance has its own “supervisor”. Laundry, cleaning and stores, each of which has only one employee, do not. The Grievor has been assigned scheduling related functions in relation to the other four departments. She grieves this is in violation of the collective agreement. [3] Having considered the representations of the parties, the grievances are denied. Dated at Toronto, Ontario this 3rd day of November 2021. “Ian Anderson” ______________________ Ian Anderson - Arbitrator