Crown 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# 2001-1598, 2001-1639, 2002-0966, 2002-1803, 2002-1803, 2003-0419, 2003-0420, 2003-1126, 2003-1129, 2003-1304
UNION# 02B111, 02C049, 02A711, 2002-0135-0009, 2002-0135-0010, 2003-0135-0008, 2003-0135-0009, 2003-0135-0018, 2003-0135-0023, 2003-0135-0037
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bechard et al.)
Union
- and -
The Crown in Right of Ontario
(Ministry of Public Safety and Security)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Jim Paul
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin
Staff Relations Officer
Ministry of Public Safety and Security
HEARING
November 14, 2003.
Decision
The parties scheduled three days of mediation to deal with numerous outstanding matters at the Windsor Jail. Among those were numerous grievances dealing with claims of improperly assigned overtime work. The parties were successful in resolving many of those claims.
There were, however, some dozen of those grievances which remained outstanding. The basic facts of these grievances were put before me, including the relevant records where such were available. The parties agreed that I should then decide each of the grievances on the basis of the information presented to me, including the parties’ arguments in respect of each grievance. After reviewing the facts and submissions, I ruled in the case of each grievance. Although I provided some of the rationale for my rulings at the time, the parties had further agreed, in the interests of expedition, that I need not set out those reasons either at the time they were made or in this decision.
What follows then is a summary of my rulings in each grievance. In each case where the grievance was allowed, in whole or in part, the remedy has been provided in terms of the number of compensating hours to be credited to the affected grievor.
GRIEVOR
DATE OF GRIEVANCE
GSB FILE NO.
OPSEU FILE NO.
DISPOSITION
NUMBER OF compensating hours awarded
Bechard, Thomas
10-Jan-02
2001-1598
2002-0135-0002
allowed
18
Flacks, Darryl
05-Jun-03
none as yet
2003-0135-0030
allowed in part
10.5
Gray, Ann
14-Feb-03
2003-1304
2003-0135-0004
dismissed
0
Marchand, Maurice
21-May-03
2003-1129
2003-0135-0023
allowed
24
Moroun, Ian
25-Jan-02
2001-1639
2002-0135-0003
allowed
18
Moroun, Ian
19-Mar-03
2003-0420
2003-0135-0009
dismissed
0
Moroun, Ian
19-Mar-03
2003-0419
2003-0135-0009
dismissed
0
Moroun, Ian
13-Aug-03
2003-1126
2003-0135-0018
dismissed
0
Speller, Michael
24-Jul-02
2002-1803
2002-0135-0009
dismissed
0
Speller, Michael
25-Sep-02
2002-1803
2002-0135-0009
dismissed
0
Varney, Carole
17-May-02
2002-0966
2002-0135-0005
allowed in part
36
Mitchell, Bill
17-May-03
2002-0966
2002-0135-0006
allowed in part
18
I shall remain seised should the parties encounter any difficulties in the implementation of this order.
Dated at Toronto this 25th day of November 2003.
APPENDIX “A”
A LLISTING OF THE GRIEVANCES DEALT WITH IN THIS AWARD
GRIEVOR
DATE OF GRIEVANCE
GSB FILE NO.
OPSEU FILE NO.
Bechard, Thomas
10-Jan-02
2001-1598
2002-0135-0002
Flacks, Darryl
05-Jun-03
none as yet
2003-0135-0030
Gray, Ann
14-Feb-03
2003-1304
2003-0135-0004
Marchand, Maurice
21-May-03
2003-1129
2003-0135-0023
Moroun, Ian
25-Jan-02
2001-1639
2002-0135-0003
Moroun, Ian
19-Mar-03
2003-0420
2003-0135-0009
Moroun, Ian
19-Mar-03
2003-0419
2003-0135-0009
Moroun, Ian
13-Aug-03
2003-1126
2003-0135-0018
Speller, Michael
24-Jul-02
2002-1803
2002-0135-0009
Speller, Michael
25-Sep-02
2002-1803
2002-0135-0009
Varney, Carole
17-May-02
2002-0966
2002-0135-0005
Mitchell, Bill
17-May-03
2002-0966
2002-0135-0006```