HomeMy WebLinkAbout2011-2249.Carson.12-11-13 Decision2012 - OPSEU (Carson) and Ministry of Community Safety and Correctional Services, GSB#2011-2249, (Keller)
Crown 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#2011-2249, 2011-2250, 2011-2251 UNION#2011-0369-0741, 2011-0369-0742,
2011-0369-0743 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union
(Carson) Union -and -The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Brian M. Keller Vice-Chair FOR THE UNION Tim Mulhall Ontario
Public Service Employees Union Grievance Officer FOR THE EMPLOYER Gary Wylie Ministry of Government Services Centre for Employee Relations Eastern Regional Office Staff Relations Officer
HEARING November 8, 2012.
-2 -Decision [1] The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties
have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision
is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent. [2] The grievances in this case relate to an alleged
failure of the employer to pay the grievor overtime. [3] After reviewing the submissions of the parties and the collective agreement, it is my determination that the grievances should
be allowed in part. The employer is to pay the grievor 18 hours’ pay, less those deductions required by law. [4] I remain seized as required. Dated at Toronto this 13th day of November
2012. Brian M. Keller, Vice-Chair
- 2 -
Decision
[1] The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a
“True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions,
which include the facts and authorities each relies upon. This decision is issued in accordance
with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
[2] The grievances in this case relate to an alleged failure of the employer to pay the grievor
overtime.
[3] After reviewing the submissions of the parties and the collective agreement, it is my
determination that the grievances should be allowed in part. The employer is to pay the grievor
18 hours’ pay, less those deductions required by law.
[4] I remain seized as required.
Dated at Toronto this 13th day of November 2012.
Brian M. Keller, Vice-Chair