GSB# 2005-2898
UNION# 2005-0234-0555
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Duncan)
Union
- and -
The Crown in Right of Ontario (Ministry Community Safety and Correctional Services)
Employer
BEFORE
Marilyn A. Nairn
Vice-Chair
FOR THE UNION
Stephen Giles Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Faith Crocker Staff Relations Officer Ministry Community Safety and Correctional Services
HEARING
June 7, 2006.
Decision
The parties have agreed to an expedited mediation-arbitration process to determine grievances at the Maplehurst Correctional Complex and Vanier Centre for Women. It is not necessary to reproduce the entire protocol here. Suffice it to say that the parties have agreed to attempt to resolve matters at mediation; failing which, they have agreed to utilize an expedited arbitration process. At the hearing, oral evidence is not called, although the Vice-Chair may request further information or documentation. In addition, if it becomes apparent to either party, or to the Vice-Chair, that the issues involved in a particular case are of a complex nature, the case may be taken out of the expedited process and processed through ‘regular’ arbitration. Although individual grievors often wish to provide oral evidence at arbitration, the process adopted by the parties provides for a thorough canvassing of the facts prior to, and at the hearing, and leads to a fair and efficient adjudication process. The parties agreed that I have the jurisdiction to hear and determine this matter and they requested that I issue a without prejudice decision, with no reasons.
In this case, the grievance asserts that the employer is in violation of articles 2, 3 and UN8 of the collective agreement by denying Shelia Duncan, the grievor, an overtime opportunity on November 11, 2005.
Having heard the submissions of the parties, and pursuant to Article 22.16 of the collective agreement, this grievance is hereby dismissed.
Dated at Toronto, Ontario this 12th day of June, 2006.