HomeMy WebLinkAbout2004-2418.Krzywonos.07-03-05 Decision
Crown Employees
Grievance Settlement
Board
Commission de
reglement des griefs
des employes de la
Couronne
Nj
~
Ontario
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2004-2418
UNION# 2004-0229-0017
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Krzywonos)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Stephen Giles and Scott Andrews
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Pauline Jones and Faith Crocker
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING
February 19,20 & 21, 2007.
DEADLINE FOR WRITTEN
SUBMISSIONS
March 2, 2007.
2
Decision
INTRODUCTION
The Ministry and OPSEU have agreed to a Med-Arb Protocol, signed February 27, 2006.
Although OCI is not one of the institutions covered by the protocol, the parties agreed on
February 19,2007 to be bound by the terms of the protocol for this session. 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
On June 28, 2004, the grievor advised the employer that he would be returning to work following
a medical absence. He was told that, as of that day, all of the shifts for the July 1st statutory
holiday had been filled, so he would not be working his normal 12-hour shift that day. Some
time prior to July 1S\ either June 29 or 30, the grievor was offered a six-hour shift for July 1st.
The grievor declined the shift. The employer, after reviewing the matter, agreed that the grievor
should have been scheduled for the day in question, and paid him an additional 10 hours.
However, he was not paid the full loss as he had declined the six-hour shift. As a result, the
grievor claims payment of the remaining 10 hours.
3
DECISION
The grievor is to be paid four hours straight time.
Dated at Toronto, this 5th day of March, 2007.
Barry