HomeMy WebLinkAbout2004-1409.Cordick.04-08-16 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2004-1409 2004-1410
UNION# 2003-0438-0033 2003-0438-0034
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(CordIck) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Bram HerlIch Vice-Chair
FOR THE UNION Jim Paul
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Michael Bnscoe
Staff RelatIOns Officer
Mimstry of Commumty Safety and
CorrectIOnal ServIces
HEARING August 12,2004
2
DeCISIon
ThIS was one of many cases dealt wIth by the partIes on three days of medIatIOn held on
August 10-12, 2004 to deal wIth outstandIng gnevances out of the Rideau CorrectIOnal Centre
Many of those cases were resolved by way of settlements or wIthdrawals Some may have to be
advanced to the Board for further medIatIOn and/or arbItratIOn.
There were, however a number of cases, lIke the Instant one, whIch the partIes agreed
ought to be dIsposed of through the medIatIOn/arbItratIOn procedure contemplated under ArtIcle
22 16 To that end, the partIes agreed that I ought to make a final determInatIOn on the basIs of
the InformatIOn provIded to me dunng the course of the medIatIOn process I also gave the partIes
a full opportumty to make submIssIOns whIch I consIdered pnor to ISSUIng any rulIng. To further
expedIte the process and In VIew of the lack of precedentIal value assocIated wIth thIS decIsIOn
under the terms of ArtIcle 22 16 7 the partIes asked that I not Include any reasons In thIS
decIsIOn.
Two gnevances have been filed allegIng that the employer has vIOlated ItS collectIve
agreement oblIgatIOn to dIstnbute overtIme fairly and eqUItably In each case the gnevor
complaIns that In a context where he had IndIcated hIS general wIllIngness to work overtIme In
the month In questIOn, he was not offered certaIn ShIftS whIch became avaIlable In each case,
however the gnevor was on vacatIOn at the tIme and the ShIftS In questIOn were the very ShIftS
he would otherwIse have been scheduled to work but for hIS vacatIOn.
HavIng consIdered the submIssIOns of the partIes, I was of the VIew that the gnevances
were wIthout ment and dIsmIssed them orally at the heanng.
Dated at Toronto thIS 16th day of August 2004
~~.rj 'M'i>iL~~~~l: -
. ,. , . -'
Bram Herlich, Vice-Chairperson