HomeMy WebLinkAbout2010-0066.McDonald.10-12-13 Decision
Commission de
Crown Employees
Grievance
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Settlement Board
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Couronne
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Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2010-0066
UNION#2009-0517-0136
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McDonald)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREM.B. Keller Vice-Chair
FOR THE UNIONScott Andrews, Laurie Sabourin &
Tim Mulhall
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Bart Nowak and Victoria Fichtenbaum
Ministry of Government Services
Employees Relations Branch
Employee Relations Advisers
HEARINGNovember 9, 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 grievance in this case relates to a claim for holiday pay.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be allowed. In part, the grievor is to be credited with eight
hours compensating leave for the October 12, 2009 statutory holiday.
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Dated at Toronto this 13 day of December 2010.
M.B. Keller, Vice-Chair