HomeMy WebLinkAbout2010-1414.Williams.11-03-21 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#2010-1414
UNION#2010-0290-0018
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Williams)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Tim Mulhall, Frank Inglis, Greg Gray
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Nicholas Sapp
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARINGMarch 17, 2011.
- 2 -
Decision
[1]The parties agreed to present this grievance in accordance with Article 22.16 of the
collective agreement, and this decision is without prejudice or precedent.
[2]The grievance relates to a claim for assignment and pay for a position that was not filled
on the Victoria Day holiday in 2010. The employer responds that there was no
requirement to fill this position for the shift in question, and no rights can arise where the
employer exercises its discretion not to staff the position.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
st
Dated at Toronto this 21 day of March 2011.
Barry Stephens, Vice-Chair