GSB# 2002-1870
UNION# 2002-0108-0045
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Stevens)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Public Safety and Security)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Jim Paul and Stephen Giles Grievance Officers Ontario Public Service Employees Union
FOR THE EMPLOYER
Greg Gledhill Staff Relations Officer Ministry of Public Safety and Security
HEARING
December 12, 2003.
DECISION
This was one of many cases dealt with by the parties on three days of mediation held on December 10-12, 2003 to deal with outstanding grievances out of Elgin Middlesex Detention Centre. Many of those cases were resolved by way of settlements or withdrawals. Some will have to be advanced to the Board for further mediation and/or arbitration.
There were, however, a number of cases, like the instant one, which the parties agreed ought to be disposed of through the mediation/arbitration procedure contemplated under Article 22.16. To that end, the parties agreed that I ought to make a final determination on the basis of the information provided to me during the course of the mediation process. I also gave the parties a full opportunity to make submissions which I considered prior to issuing any ruling. To further expedite the process and in view of the lack of precedential value associated with this decision under the terms of Article 22.16.7, the parties asked that I not include any reasons in this decision.
This grievance related to a claim that the employer ought to have called in the bargaining unit maintenance mechanic on a statutory holiday to perform a minor task not immediately requiring any specialized technical or skilled trades expertise. There was no dispute that had the need arisen while the grievor was at work, the task would have been performed by him. Instead, it was done by a supervisor who required no specialized tools and roughly five minutes in its completion.
Having considered the information and submissions placed before me, I hereby direct as follows:
The grievance is dismissed.
Dated at Toronto this 16th day of December, 2003.