HomeMy WebLinkAbout2006-1759.Fraser.07-02-02 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# 2006-1759
UNION# 2006-0368-0115
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
(Fraser)
- 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 claims that he lost overtime opportunities due to the fact that his phone number was
changed. He states that he advised a clerical employee of the change to his number on August
22, to be effective September 14, 2006. The employer produced documentation to show that the
appropriate manager was notified of the change by email on September 12, but the number on
the email was incorrect. The grievor was copied on the email, but he did not contact the
employer to correct the number. The grievor claims that, but for the error caused by the internal
communication, he would have been called in for overtime shifts, and claims 48 overtime hours
pay, plus 36 hours in his bank. The employer responds that the grievor should have corrected the
error upon reviewing the relevant email, and that his failure to do so absolves the employer of
any responsibility for the error.
3
DECISION
The grievance is upheld in part. The grievor is to receive 24 hours pay, at the overtime rate. I
will remain seized with respect to any issues arising from the implementation of this award.
Dated at Toronto, this 2nd day of February, 2007.