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HomeMy WebLinkAbout2008-3738.Beardsmore.10-12-17 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#2008-3738 UNION#2009-0368-0007 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Beardsmore) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Tim Mulhall Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Sean Milloy Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARINGDecember 2, 2010. - 2 - Decision [1]The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. [2]Robert Beardsmore filed a grievance alleging that the Employer violated the &ROOHFWLYH$JUHHPHQWDQG+352±RYHUWLPHSURWRFRO±E\IDLOHGWRRIIHUKLP overtime for a particular night shift. [3]After hearing the evidence and submissions of the parties I am of the view that given the particular facts at hand, this grievance must be dismissed. th Dated at Toronto this 17 day of December 2010. Felicity D. Briggs, Vice-Chair