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HomeMy WebLinkAbout2007-1278.Eisenmenger.10-10-28 Decision Commission de Crown Employees Grievance UqJOHPHQWGHVJULHIV Settlement Board GHVHPSOR\pVGHOD 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 7pO   Fax (416) 326-1396 7pOpF   GSB#2007-1278 UNION#2007-0119-0004 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Eisenmenger) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREBarry Stephens Vice-Chair FOR THE UNIONScott Andrews, Anastasios Zafiriadis, Laurie Sabourin Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYER Sean Milloy, Victoria Fichtenbaum Ministry of Government Services Employee Relations Division Staff Relations Officers HEARINGJune 15, 2010. - 2 - Decision [1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a ³7UXH0HGLDWLRQ$UELWUDWLRQ´SURFHVVZKHUHLQeach provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent. [2]The grievor alleges that his roll-over to permanent status should be backdated as a result RIWKHHPSOR\HU¶VIDLOXUHWRSURSHUO\VWDIIWKHMDil, and a violation of the RPM agreement. The employer responds that there is nothing in the collective agreement that requires them to maintain specific staffing on specific shifts, and that the staffing at the time was consistent with an agreement reached with the Ministry of Labour and the OLRB with respect to a prior health and safety issue raised by union members. [3]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. th Dated at Toronto this 28 day of October 2010. Barry Stephens, Vice-Chair