P-2010-1766

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Grievor

Complainant

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE COMPLAINANT

Dave Marsh

FOR THE EMPLOYER

Caroline Cohen Ministry of Government Services Labour Practice Group Counsel

HEARING

February 10, 2011.

Decision

1The applicant filed his complaint with the Board on October 13, 2010. At the hearing into this matter on February 10, 2011 the parties agreed that I make a decision on the complaint without precedent or prejudice and without providing reasons.

2Having carefully considered the submissions of the parties and the case law put before me, I hereby dismiss the employer’s preliminary motion and grant the grievance. The remedy sought by the grievor in his oral submission is granted.

3I shall remain seized in the event that there are any problems with the implementation of this order.