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HomeMy WebLinkAbout2007-1542.Young.10-03-02 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#2007-1542, 2007-1543, 2008-3092, 2008-3093, 2008-3505 UNION#2007-0440-0040, 2007-0440-0041, 2008-0440-0046, 2008-0440-0047, 2008-0440-0058 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Young) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Deborah J.D. Leighton FOR THE UNION Anastasios Zafiriadis, Frank Inglis & Laura Josephson Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYERGary Wylie & Bart Nowak Ministry of Community Safety and Correctional Services Staff Relations Officers HEARING February 3, 2010. - 2 - Decision [1]Mr. William Young, a correctional officer at the St. Lawrence Valley Correctional and Treatment Centre, filed five grievances between July 1, 2007 and December 20, 2008, alleging that the employer breached the collective agreement with regard to overtime, harassment, health and safety, and management rights. The employer conceded to some liability and that it had violated the collective agreement in part. [2]The parties referred these grievances 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 these matters. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the policy of the parties for expedited hearings under Article 22.16. [3]Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby grant these grievances in part and order the employer to pay the grievor 1) $500.00 in general damages and twenty- four (24) hours at the overtime rate and 2) remove the letter relating to the incident of November 26, 2008 from the grievor?s personnel file. nd Dated at Toronto this 2 day of March 2010. Deborah J.D. Leighton, Vice-Chair