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HomeMy WebLinkAbout2008-3934.Hindman.10-03-22 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#2008-3934 UNION#2009-0368-0013 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Hindman) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Scott Andrews, Frank Inglis Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie, Laura McCready, Bart Nowak Staff Relations Officers Ministry of Community Safety and Correctional Services HEARINGMarch 4, 2010. - 2 - Decision [1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent. [2]The grievor alleges he should have been called in to work overtime on January 16, 2009. That evening, the maintenance manager stayed after regular hours to work on re-writing the text for the black button program, work the grievor alleges is normally performed by members of the bargaining unit. The employer responds that the manager performed the work as a training opportunity under the guidance of the contractor so that he would be familiar with the process. [3]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. nd Dated at Toronto this 22 day of March 2010. Barry Stephens, Vice-Chair