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HomeMy WebLinkAbout2008-2723.Armstrong.09-11-16 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#2008-2723, 2008-2772 UNION#2008-0368-0101, 2008-0368-0118 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Armstrong/Todd) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Gary Wylie Ministry of Community Safety and Correctional Services Staff Relations Officer HEARINGOctober 22, 2009. - 2 - Decision [1]The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. [2]Andrew Armstrong and Brian Todd are plumbers working for CECC. They each allege that they should have been called to perform plumbing work that was done by an outside contractor on July 5, 2008. It was argued that the work was within the scope of the grievors? competency and indeed, expressly set out within their position description. Accordingly, the Union urged that bargaining unit work should be done by bargaining unit employees. [3]The Employer argued that the building is owned by Ontario Reality Corporation and the work that was done on July 5, 2008 was contracted and paid for by that organization. Further, a tradesman accompanied the outside contractor during this time. - 3 - [4]After considering the submissions and the facts and the provisions of the collective agreement, I must dismiss these grievances. th Dated at Toronto this 16 day of November 2009. Felicity Briggs, Vice-Chair