HomeMy WebLinkAbout2009-1488.Malkki et al.10-06-28 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#2009-1488
UNION#2009-0678-0005
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
(Malkki et al)
- 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 and Laurie Sabourin
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYERGreg Gledhill and Karen Martin
Ministry of Community Safety and
Correctional Services
Staff Relations Officers
HEARING
May 27, 2010.
- 2 -
Decision
[1]Three Nurse 2?s working at Algoma Treatment and Remand Centre grieved on July 2,
2009 that the employer violated the Institutional and Health Care classification pay scale.
They grieved further that there is no policy or procedure to place fixed term nurses on the
pay grid according to their education and experience. The employer took the position
that there had been no breach of the collective agreement and salary placement on the
grid is negotiated when a nurse is hired.
[2]At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this
matter and they asked that I issue a decision without written reasons and without
prejudice and precedent, in accord with the policy and provisions for expedited hearings
under Article 22.16 of the collective agreement.
[3]Having carefully considered the submissions of the parties, and the jurisprudence of the
Board, I find that there is no evidence of a breach of the collective agreement. Thus, I
hereby dismiss this group grievance.
th
Dated at Toronto this 28 day of June 2010.
Deborah J.D. Leighton, Vice-Chair