HomeMy WebLinkAbout2006-1740.Keeso.06-12-08 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 2006-1740
UNION# 2006-0252-0027
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Keeso)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
Karen Martin
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
November 8,2008.
Union
Employer
Vice-Chair
2
Decision
INTRODUCTION
The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, 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. The process adopted by
the parties provides for a canvassing of the facts during the mediation phase under the Protocol.
Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement,
without reasons, and are without prejudice or precedent. The parties were unable to resolve this
matter in mediation.
Accordingly, the matter has been referred to me as a True
Mediation/Arbitration decision under the Protocol.
FACTS
The grievor claims that he was not given sufficient time to respond to a call offering an overtime
shift on August 23, 2006. The shift in question was 07:00 to 19:00. The employer's records
indicate the call was made at 05:26:35, and the shift was given to another employee at 05:28:35.
The hiring protocol indicates in Paragraph 22 that, when hiring within ninety minutes of the start
of the shift, the call return time is shortened from the normal 15 minutes to 5 minutes. The union
responds that, even if the call was within ninety minutes, the grievor was not given 5 minutes to
respond.
3
DECISION
The grievance is upheld. The grievor is to be compensated for the loss of the shift on August 23,
2006. I remain seized to deal with any issues arising from the implementation of this award.
Dated at Toronto, this 8th day of December, 2006.
Barry