HomeMy WebLinkAbout2010-0289.McAllen.10-12-09 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#2010-0289
UNION#2010-0369-0035
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McAllen)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Scott Andrews, Tim Mulhall
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin, Brian Scott
Ministry of Government Services
Employee Relations Division
Staff Relations Officer
HEARINGNovember 26, 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 SDUWLHVKDYHDJUHHGWRD³7UXH
0HGLDWLRQ$UELWUDWLRQ´SURFHss, wherein each 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 letter of reprimand given to the grievor for failure to
properly execute the electronic procedure with respect to performance of rounds. The
grievor alleges that she was unfairly singled out for discipline during a period when there
was widespread non-compliance with the procedure due to health and safety concerns. The
employer responds that the grievor was given a direct order to perform the rounds properly
and she refused to comply.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
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Dated at Toronto this 9 day of December 2010.
Barry Stephens, Vice-Chair