HomeMy WebLinkAbout2010-0076.Kennett.10-05-31 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#2010-0076, 2010-0077, 2010-0078, 2010-0079
UNION#2010-0108-0014, 2010-0108-0015, 2010-0108-0016, 2010-0108-0017
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kennett)
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
Sean Milloy
Ministry of Community Safety
and Correctional Services
Staff Relations Officer
HEARINGMay 13, 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]Rick Kennett is a Correctional Officer who filed four grievances on March 1, 2010.
Other than a reference to an article number, there was no ?statement of the grievance? on
the actual grievance forms. The circumstances that brought rise to the filing of the
grievances was not made clearer by reading the settlement desired.
[3]It was the Employer?s assertion that there had been no Stage 2 grievance meeting held to
discuss these grievances and therefore it was premature to consider the merits of the
grievances at this med/arb session. Further, the parties had not agreed to waive the Step 2
grievance meeting.
[4]The Union did not dispute this assertion.Accordingly, I ordered the parties to hold a
Stage 2 grievance meeting within thirty days of the date of the med/arb session.
st
Dated at Toronto this 31 day of May 2010.
Felicity D. Briggs, Vice-Chair