HomeMy WebLinkAbout2009-0663.Clark.10-12-20 Decision
Commission de
Crown Employees
Grievance
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Settlement Board
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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#2009-0663
UNION#2009-0368-0038
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Clark)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Frank Inglis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Laura McCready
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARINGDecember 1 and 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]In a Med/Arb session held in March of 2010 the parties signed a
Memorandum of Agreement regarding a grievance filed by Ms. Diane Clark. The
agreement was confidential and I was seized with the matter.
[3]This decision will be written is such a fashion so as not to reveal the
confidential agreement of the parties.
[4]The Employer failed to implement some of the various components either
within the time frame stated or as of December 1, 2010.
[5]The Employer will formally inform the grievor of the disposition of paragrah
5 of the Memorandum.
[6]7KH(PSOR\HUVKDOOFRPSO\ZLWK3DUDJUDSK±DVZDVGLVFXVVHGEHWZHHQ
WKHSDUWLHV±DVHDUO\DVSRVVLEOH±EXWLQDQ\HYHQW±QRWODWHr than February 28,
2011.
- 3 -
[7]For the reasons discussed at the Med/Arb session, the Employer shall pay to
the grievor an amount of $1750.00 in damages. This is to be paid not later than
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February 15, 2011. If requested by the Union, failure to pay this amount within
the time limit stated will bring about a further penalty unless the Union agrees to
extend the timeframe.
[8]I continue to remain seized.
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Dated at Toronto this 20 day of December 2010.
Felicity D. Briggs, Vice-Chair