HomeMy WebLinkAbout2003-3694.Jackson.10-02-08 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement 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#2003-3694
UNION#2004-0108-0041
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Jackson)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Sean Milloy
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGJanuary 26, 2010.
- 2 -
Decision
[1]The Employer and the Union at the Elgin Middlesex Detention 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]At the time of the filing of this grievance, Ainslie Jackson was an Unclassified
Correctional Officer. She alleged that while she was being trained at Bell Cairn she was
told that she would be working forty hours every week. That ?promise? has not been
kept she says and that is a violation of the Collective Agreement.
[3]I was provided with a document of employment that contemplated the status and hours of
the grievor at the time of the grievance. The document makes clear that the grievor
understood that her contract would be ?under the same terms of employments? as the
OPSEU Collective Agreement.
[4]There is nothing in the Collective Agreement that guarantees forty hours of work per
week to unclassified employees. Further, a comment made by some individual not in
authority at Bell Cairn is insufficient to bestow this right on the grievor. It is unfortunate
if the grievor viewed that conversation as a promise. The fact that she did so does not
allow me to find in her favour.
[5]Accordingly, the grievance is denied.
th
Dated at Toronto this 8 day of February 2010.
Felicity D. Briggs, Vice-Chair