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HomeMy WebLinkAbout2010-0067.MacIver.12-04-16 DecisionCrown Employees Commission de Grievance Settlement r6glement des griefs Board des employes de la 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 T61.: (416) 326 -1388 Fax (416) 326 -1396 Te1ec.: (416) 326 -1396 BETWEEN r 1�1 Ontario GS13#2010 -0067 UNION #2009 - 0517 -013 7 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (MacIver) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) BEFORE Deborah J.D. Leighton FOR THE UNION Tim Mulhall Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Greg Gledhill Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING March 21, 2012. Union Employer Vice -Chair -2- Decision [1] Mr. Ian MacIver, a Correctional Officer at the Metro West Detention Centre, filed a grievance on November 21, 2009, alleging, inter alia, that the employer breached Articles 2, 3, 9 and 44 of the collective agreement. He seeks full redress. The employer submitted that there was no violation of the collective agreement. [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 the grievance. Dated at Toronto this 16th day of April 2012. Deborah J. D. L ighton, Vice -Chair