HomeMy WebLinkAbout2005-3405.Hutton.08-11-13 DecisionCrown Employees
Grievance
Settlement Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2005-3405
UNION#2006-0368-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hutton) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING November 5, 2008.
2
Decision
[1] The Employer and the Union at the Central East Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol.
Many of the grievances were settled through that process. However, a few remained
unresolved and therefore require a decision from this Board. The Protocol provides that
decisions will be issued within a relatively short period of time after the actual mediation
sessions and will be without reasons. Further, in accordance with the Protocol, this
decision is to be without prejudice and precedent.
[2] Mr. Iain Hutton is a Correctional Officer who filed a grievance alleging that on five
occasions in November and December of 2005, he was entitled to overtime opportunities
which were instead given to unclassified employees. On behalf of the grievor, the Union
asserted that, in accordance with the Overtime Protocol which was in effect at the time, the
Employer could have and should have cancelled pre-booked unclassified shifts and offered
those work hours to Mr. Hutton. The Employer contended that there has been no violation
of either the Collective Agreement or the Overtime Protocol.
[3] After a consideration of the facts and a review of the Overtime Protocol in its entirety, I am
of the view that this grievance must be dismissed.
Dated at Toronto this 13th day of November, 2008.
Felicity D. Briggs, Vice-Chair