GSB# 2001-1630
UNION# 02U014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Union Grievance)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Public Safety and Security)
Employer
BEFORE
Ken Petryshen
Vice-Chair
FOR THE UNION
Nelson Roland Ryder Wright Blair & Doyle Barristers and Solicitors
FOR THE EMPLOYER
Len Hatzis and Suneel Bahal Counsel Management Board Secretariat
HEARING
April 10, May 13, 15, June 17, 18, and December 2, 2003.
DECISION
In order to address applications before the Ontario Labour Relations Board filed in 2001 with respect to certain events at the Toronto West Detention Centre (“Toronto West”), the parties entered into a Memorandum of Settlement (“the Memorandum”) dated December 17, 2001. As reflected in the Memorandum, the Employer agreed to pay employees listed in Schedules B, C and D for their shifts commencing on November 6, 2001, and the parties agreed that, as a Vice-Chair of the Grievance Settlement Board, I have the jurisdiction to determine the employees’ entitlement to pay for these shifts. This proceeding has had many hearing days during which I heard a considerable amount of evidence. The parties have made submissions with respect to both the merits of the case and the remedial issues before me.
Having regard to the positions of the parties and the chronology of the relevant events at the Toronto West, I find it appropriate to make the following orders:
(1) The parties at the local level shall meet to determine who is properly on the “B” list for the purposes of this Decision and shall produce a list in this regard within ten working days of the date of this Decision. The criteria associated with those who are not properly on the list include, but are not limited to, staff who were on a pre-approved leave of absence on November 6, 2001, and/or those who never received an initial deduction by the Ministry or subsequent reimbursement, and/or those who are no longer employed within the Ministry.
(2) Those persons properly on the “B” list shall have the equivalent of ⅓ of their pay for their shift of November 6, 2001, returned to the Ministry within 60 days of the date of this Decision.
This Decision is a full and final resolution of all of the issues arising out of the settlement of the Labour Relations Board applications, as reflected in the Memorandum. I will remain seized to resolve any disputes between the parties arising out of this Decision.
Dated at Toronto, this 4th day of December, 2003.