Loading...
HomeMy WebLinkAbout2010-3091.Black.12-07-03 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#2010-3091 UNION#2011-0530-0007 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Black) 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 Laura Josephson Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Victoria Fichtenbaum Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING June 13, 2012. - 2 - Decision [1] Ms. Laura Black, a correctional officer at the Toronto Jail, grieved on February 16, 2011, that the employer breached Articles 2.1 and 3.1 of the collective agreement by not continuing an accommodation for family status first approved in 2009 and effective February 23, 2009. She seeks full redress, including lost overtime opportunities. The employer submitted that Ms. Black was accorded a series of accommodations for family status between February 23, 2009 and April 10, 2011 and it had not violated the collective agreement or the Ontario Human Rights Code. [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 3rd day of July 2012. Deborah J.D. Leighton, Vice-Chair