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HomeMy WebLinkAbout2010-2991.Kopanyshyn.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#2010-0521-0120 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#2010-2991 AN ARBITRATION Under B Ontario Publioyees Union (Kopanyshyn) Union - and - (Ministry of Community Safety and Correctional Services) Employer c Service Empl The Crown in Right of Ontario BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION ice Employees Union FOR THE EMPLOYER Tim Mulhall 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] Robert Kopanyshyn is a Correctional Officer working on an administrative schedule in Pick Up and Delivery. He filed a grievance that the Employer violated the Collective Agreement when it arbitrarily assigned him to be off on December 27th and 28th 2010. [3] Christmas Day and Boxing Day occurred on a Saturday and Sunday respectively in 2010. It was the Employer’s position that in accordance with Article COR 13 and Article 47, the grievor’s regular days off occurred on the Saturday and Sunday and therefore his paid holidays of Christmas and Boxing Day were appropriately scheduled on December 27th and 28th. [4] The grievor was of the view that in accordance with Article 13.6 he should have been given a choice of days to schedule off as his paid holidays. [5] After considering the facts and submissions of this matter I must dismiss the grievance. Dated at Toronto this 28th day of March 2012. Felicity D. Briggs, Vice-Chair