HomeMy WebLinkAbout2005-1403.Pineau.11-04-04 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
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GSB#2005-1403
UNION#2005-0582-0045
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pineau)Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREDeborah J.D. Leighton Vice-Chair
FOR THE UNIONTim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERStephanie Floras
Ministry of Government Services
Employee Relations Division
Employee Relations Advisor
HEARING
March 22, 2011.
- 2 -
Decision
[1]Mr. Wayne Pineau, a classified correctional officer at the Toronto East Detention Centre,
grieved on June 10, 2005, that the employer breached the collective agreement when he
was denied overtime on June 5, 2005. The employer submitted that Minutes of
Settlement dated December 8, 2005 specifically referred to resolving an alleged overtime
infraction on June 5, 2005, although the file number was not included on the document.
The union sought an adjournment to April 15, 2011 so that documents relating to the
overtime claim for June 5, 2005 could be reviewed, to satisfy itself that the claim was
settled.
[2]The parties referred this grievance to mediation/arbitration in accordance with Article
22.16 of the collective agreement. At the outset of the hearing the parties agreed that I
had the jurisdiction to deal with this matter. They asked that I issue a decision without
precedent or prejudice.
[3]Having carefully considered the submissions of the parties, as well as the jurisprudence
of the Board, I find that on the face of the MOS the parties agreed to compensate the
grievor for, an alleged violation of the overtime protocol on June 5, 2005 and thereby
agreed to a full and final settlement. Thus, there is no arbitrable case before the board.
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Dated at Toronto this 4 day of April 2011.
Deborah J.D. Leighton, Vice-Chair