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HomeMy WebLinkAbout2010-2529.D'Souza.12-03-28 Decision Crown Employees rieva nce Settlement oard 1Z8 l. (416) 326-1388 x (416) 326-1396 t des griefs es employés de la t Z8 l. : (416) 326-1388 léc. : (416) 326-1396 UNION#2010-0521-0111, 2010-0521-0112 IN THE MATTER OF THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD ETWEEN G B Suite 600 180 Dundas St. West Toronto, Ontario M5G Te Commission de règlemen d Couronne Bureau 600 180, rue Dundas Oues Toronto (Ontario) M5G 1 Té Té Fa GSB#2010-2529, 2010-2530 AN ARBITRATION Under B Ontario Public ployees Union (D’Souza) Union - and - (Ministry of Community Safety and Correctional Services) Employer Service Em The Crown in Right of Ontario BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION ice Employees Union FOR THE EMPLOYER Laura Josephson O G ntario Public Serv rievance Officer s s Greg Gledhill Ministry of Government Service C E entre for Employee Relation mployee Relations Advisor HEARING March 6, 2012. - 2 - Decision [1] The Employer and the Union at the Toronto Intermittent 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] Mr. Ian D’Souza is a fixed term Correctional Officer. He filed two grievances that allege he is being improperly scheduled to work by the Employer. He also alleged bullying and harassment in this regard. [3] After hearing the facts and submissions of this matter I must dismiss the grievances. The grievor signed a Fixed Term Contract that stated he agreed to make himself available up to and including 40 hours per week and that failure to do so may result in his contract not being renewed. The Employer relied upon that agreement in its scheduling of the grievor and it is entitled to do so. Dated at Toronto this 28th day of March 2012. Felicity D. Briggs, Vice-Chair