GSB#2007-2623
UNION# 2007-0467-0018
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Trombley)
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
Anastasios Zafiriadis Grievance Officer Ontario Public Service Employees Union
Frank Inglis Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie Staff Relations Officer Ministry of Community Safety and Correctional Services
Brian Scott Staff Relations Advisor Ministry of Community Safety and Correctional Services
HEARING
December 15, 2009.
DECISION
1Ms. Kim Trombley, a nurse in the unclassified service at Quinte Detention Centre, when she grieved on November 20, 2007, alleged she should have been assigned shifts when she made herself available for work on several days in a seven week period. The employer denied that it had violated the collective agreement.
2The 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 in accord with the policy of the parties for expedited hearings under Article 22.16.
3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny this grievance.
Dated at Toronto this 5th day of January 2010.