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HomeMy WebLinkAbout2009-3044.Elchesyn.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#2009-3044, 2010-0154 UNION#2010-0368-0002, 2009-0368-0201 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 (Elchesyn) - 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]Mr. Dustin Elchesyn a correctional officer with the Ministry, grieved on December 18, 2009 and January 9, 2010 that 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 grant the grievances.The employer shall expunge the discipline from the grievor?s file and restore the lost pay. Further, the employer shall forthwith pay the grievor 36 hours at the overtime rate. th Dated at Toronto this 29 day of June 2010. Deborah J.D. Leighton, Vice-Chair