HomeMy WebLinkAbout2008-0494.Dales.10-03-03 Decision
Commission de
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règlement des griefs
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IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dales)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREDeborah J.D. Leighton Vice-Chair
FOR THE UNIONAnastasios Zafiriadis, Frank Inglis &
Laura Josephson
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Gary Wylie & Bart Nowak
Ministry of Community Safety and
Correctional Services
Staff Relations Officers
HEARINGFebruary 4, 2010.
- 2 -
Decision
[1]Mr. Robert Dales, a correctional officer in the Ministry, filed multiple
grievances between February 29, 2008 and October 5, 2009, alleging that the
employer breached the collective agreement with regard to overtime,
management rights and health and safety. The employer denied that it had
violated the collective agreement.
[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 the grievances in part. The
Ministry is hereby ordered to pay the grievor twelve (12) hours at the
overtime rate. The grievor shall remain assigned to the St. Lawrence Valley
Correctional and Treatment Centre (SLVCTC) and shall be assigned
permanently, to the next available position at the SLVCTC.
rd
Dated at Toronto this 3 day of March 2010.
Deborah J.D. Leighton, Vice-Chair