HomeMy WebLinkAbout2006-0748.Ashley.07-01-30 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# 2006-0748
UNION# 2006-0234-0159
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
(Ashley)
- 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
Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
December 6,2006.
December 19, 2006.
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 is an unclassified employee. During the week of April 17,2006 he had accumulated
36 hours by Friday. He called in on Friday, Saturday, and Sunday, but was not offered any
further shifts. There were several employees who were offered four-hour overtime shifts on the
days in question. Step 1 of the overtime protocol indicates that hours are to be offered as straight
time to casual employees prior to being offered as overtime to other employees. The employer
accepts that the language of the overtime protocol could be clearer, but asserts that it has a
discretion with respect to offering shifts as straight time to unclassified employees, or overtime
to another employee. It points out that subsequent revisions to the overtime protocol have made
it clear that such work "may" be offered as straight time hours to unclassified employees prior to
being offered as overtime to other employees.
3
DECISION
The grievance is upheld. The grievor should be paid an additional four hours for the week of
April 17, 2006. He should also be credited with 40 hours work for the week, and receive all
other benefits flowing therefrom. I will remain seized to deal with any issues arising from the
implementation of this award.
Dated at Toronto, this 30th day of January, 2007.
Barry