HomeMy WebLinkAbout1998-0958.Caldarola.99-04-13 Decision
ONTARIO EMPLOYES DE LA COURONNE
, CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACS/MILE/TELECOPIE (416) 326-139tS
GSB #0958/98
OLB #357/96
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano LIqUor Boards Employees' Uillon
(Joe Caldarola)
Grievor
- and -
~ The Crown m Right of OntarIO
(LIqUor Control Board of Ontano)
Employer
BEFORE Susan L Stewart V Ice-Chair
FOR THE Don McDermott
GRIEVOR Gnevance Officer
Ontano LIquor Board Employees Uillon
FOR THE John D HarrIS
EMPLOYER Manager Employee RelatIOns
LIquor Control Board of Ontano
HEARING March 26, 1999
,
DECISION
The grievance before me was filed on behalf of Mr J
Caldarola and relates to the loss of an overtime opportunity
This matter proceeded pursuant to the expedited process in the
Collective Agreement There was no objection to my jurisdiction
to hear and determine the grievance
The issue to be determined is whether an overtime
opportunity was "offered" to Mr Caldarola in accordance with
.. Article 6 6 (b) of the Collective Agreement On Friday, November
16, 1996, an overtime opportunity became available for Saturday,
November 17, 1996 A message was left for Mr Caldarola at 2 30
P m advising of the overtime opportunity and requesting that Mr
Caldarola call as soon as possible Mr Caldarola was scheduled
to work at 4 00 P m that day and arrived at work at around 3 30
P m _ He became aware of the overtime opportunity but at that
point he was advised that he was not eligible for the overtime
because he had not responded within a half hour Mr Caldarola
was unaware of the half hour requirement The Union was also
unaware of the half hour requirement The Employer has since
provided the Union with a copy of its written guidelines
governing overtime opportunities
At the hearing I made an oral ruling allowing the grievance
While it is readily apparent that efficiencies must govern a
process such as canvassing overtime opportunities, if a rule such
as the rule here is to be applied to deprive an employee of an
opportunity to work overtime it is only reasonable that notice of
such a rule be provided In the circumstances here such notice
was not provided and I am not persuaded that the grievor was
given an "offer" within the language of the Collective Agreement
Mr Caldarola is entitled to his claim for a shift at the
overtime rate and I retain jurisdiction to deal with any
difficulties the parties may experience in implementing this
decision
Dated at Toronto, th . 1 3 t hd f April 1999
lS ay 0 ,
Wo ,L'J[~-J,,-
s L stewart - Vice-Chair
-