HomeMy WebLinkAbout2006-0314.Caughey.07-01-29 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# 2006-0314
UNION# 2006-0517-0007
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
DEADLINE FOR
WRITTEN
SUBMISSIONS
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Caughey)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
November 23, 2006.
January 12,2007.
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 parties are agreed that the grievor's overtime availability sheet for February 2006 was
misfiled and, as a result, she was not called for any overtime shifts during that month. This
dispute is with respect to the appropriate compensation payable to the grievor. The union takes
the view that the grievor indicated she was available for 8 days during the month of February,
and that, making allowances for the fact that it is unlikely that she would have been offered
overtime for every available day, she should be paid 72 hours overtime. The employer takes the
position that the grievor's compensation should be based on her average attendance for the three
months prior to February 2006 (not including December 2005, when she was off on a WSIB
leave), which approximately 25 hours per month.
3
DECISION
After giving careful consideration to the facts and the submissions of the parties, I order that the
grievor is to receive 25 hours overtime in compensation for overtime opportunities lost during
the month of February 2006.
Dated at Toronto, this 29th day of January, 2007.
Barry