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HomeMy WebLinkAbout2008-3886.Murphy.11-04-04 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#2008-3886 UNION#2008-0135-0028 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Murphy)Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREDeborah J.D. Leighton Vice-Chair FOR THE UNIONScott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERSean Milloy Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING March 17, 2011. - 2 - Decision [1]Mr. Andrew Murphy, an unclassified correctional officer at the Windsor Jail, grieved on June 25, 2008, that the employer breached the collective agreement when he was not permitted to work on a previously scheduled shift on May 18, 2008. The employer submitted that it had not violated the collective agreement and that a change in operational requirements lead to the grievor being sent home. [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, and without written reasons. [3]Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny this grievance. th Dated at Toronto this 4 day of April 2011. Deborah J.D. Leighton, Vice-Chair