HomeMy WebLinkAbout2004-2861.Wesley.07-06-25 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# 2004-2861
UNION# 2004-0719-0016
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Wesley)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Stephen Giles and Scott Andrews
Grievance Officers
Ontario Public Service Employees Union
Rena Khan and Faith Crocker
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
June 21,2007.
Union
Employer
Vice-Chair
2
Decision
INTRODUCTION
The Ministry and OPSEU have agreed to a Med-Arb Protocol, signed February 27, 2006.
Although Kenora Jail is not one of the institutions covered by the protocol, the parties agreed on
June 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
The grievor called in sick for his shift from 1900 to 0700 on October 16/17, 2004. He grieves
that he was not offered an overtime shift from 0700 to 1900 on October 17. The employer
acknowledges that the grievor was not called for the shift on October 17, since he had called in
sick for the shift immediately prior. The employer states that it has a practice of not calling in an
employee for overtime within 12 hours of any shift for which the employee has called in sick.
This practice is also similar to that found in the new overtime protocol that has been developed
centrally by the parties. While the latter is not binding on this workplace, the employer asserts
that the fact that it has been jointly agreed supports the reasonableness of its own policy.
3
DECISION
The grievance is dismissed.
Dated at Toronto, this 25th day of June, 2007.
Barry