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HomeMy WebLinkAbout2011-2455.Young.12-02-08 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2011-2455 UNION#2011-0440-0025 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Young) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Deborah J.D. Leighton Vice-Chair FOR THE UNION Scott Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Gary Wylie Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING February 3, 2012. - 2 - Decision [1] Mr. William Young, a Correctional Officer at the Brockville Jail and St. Lawrence Valley Correctional and Treatment Centre, grieved on October 10, 2011, alleging that the employer disciplined him without just cause on February 16, 2010. He seeks full redress. The employer submitted that the grievance was filed late, some seven months after the requirement under the collective agreement and therefore should be dismissed. [2] The parties referred the 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 the grievance. Dated at Toronto this 8th day of February 2012. Deborah J.D. Leighton, Vice-Chair