HomeMy WebLinkAbout2005-2146.Gallagher.07-01-31 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# 2005-2146
UNION# 2005-0368-0086
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
(Gallagher)
- 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
Karen Martin
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
December 14, 2006.
January 17,2007.
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 grievor alleges that he missed overtime opportunities between August 2 to August 12, 2005,
as a result of the fact that the employer called his home phone number instead of calling the
number he had provided. He claims payment for seven missed overtime shifts. When he
submitted his overtime availability, the grievor had indicated that the employer should call his
cottage for the periods from August 2 to 5, and from August 8 to 12. He provided his cottage
number, but did not indicate the area code. The grievor's home phone number is in the '905'
area code.
The employer responds that calls were made to the grievor's residence on August 3, 4, 10, 11,
12, while calls were made to his cottage on August 2 and 5. The employer also relies on the fact
3
that the grievor failed to provide an area code, which may well have caused confusion with
respect to his cottage number.
DECISION
The grievance is upheld in part. The grievor is to be paid 8 hours at the overtime rate.
Dated at Toronto, this 31 st day of January, 2007.