HomeMy WebLinkAbout2012-2278.Caloura.15-10-14 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#2012-2278
UNION#2012-0108-0143
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Caloura) 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 Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING September 29, 2015
- 2 -
Decision
[1] The Employer and the Union at the Elgin Middlesex Detention Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated Protocol. A number of the grievances were settled through that
process. However, this grievance remained unresolved requiring 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, the decision is to be without prejudice and precedent.
[2] Mike Caloura is a maintenance worker who filed a grievance alleging that the
Employer should have called him for overtime on the August paid holiday in
2012. He contended that he made himself available for work that day.
[3] The maintenance department does not participate in HPRO but does have a sign
up sheet for employees to make their availability to work overtime known. This
document for the salient period was produced and while it revealed that he was
available to work some overtime during that particular week, it did not indicate
that the grievor had made it known that he was available to work on the paid
holiday.
[4] Accordingly, the grievance is denied.
Dated at Toronto, Ontario this 14th day of October 2015
Felicity D. Briggs, Vice-Chair