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HomeMy WebLinkAbout2008-3347.MacKinnon.10-06-29 Decision Commission de Crown Employees Grievance règlement des Settlement Board griefs des employés de la Couronne Suite 600 180 Dundas St. West Bureau 600 Toronto, Ontario M5G 180, rue Dundas Ouest 1Z8 Toronto (Ontario) M5G Tel. (416) 326-1388 1Z8 Fax (416) 326-1396 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2008-3347, 2009-0786 UNION#2008-0368-0149, 2009-0368-0069 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union Union (MacKinnon) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Deborah J.D. Leighton FOR THE UNION Scott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERGary Wylie Ministry of Community Safety and Correctional Services Staff Relations Officer HEARING June 8 & 9, 2010. - 2 - Decision [1]Ms. Debbie MacKinnon, a correctional officer with the Ministry, grieved on June 15, 2009 and November 14, 2008 that she had been wrongly denied the opportunity to work on statutory holidays and that, thus, the employer breached the collective agreement. The employer submitted that it had not 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 this matter. 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 deny these grievances. th Dated at Toronto this 29 day of June 2010. Deborah J.D. Leighton, Vice-Chair