HomeMy WebLinkAbout2005-0918.Chmurzynski.07-10-22 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
Nj
~
Ontario
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2005-0918,2005-1456,2005-2977
UNION# 2005-0234-0142,2005-0234-0160,2005-0234-0579
IN THE MATTER OF AN ARBITRATION
Under
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
(Chmurzynski)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Reva Devins
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
Karen Martin
Employee Relations Officer
Ministry of Community Safety and
Correctional Services
October 16, 2007.
Union
Employer
Vice-Chair
2
Decision
The parties have agreed to use the Expedited Mediation-Arbitration Protocol to resolve
grievances at the Maplehurst Correctional Complex. It is not necessary to reproduce the entire
Protocol here. It is sufficient to state that the parties have agreed that this matter is to be decided
as a "True Mediation-Arbitration". The Vice-Chair, based on the evidence provided during the
mediation session, is required to immediately resolve a grievance following a failed mediation.
The Vice-Chair' s decision will be without reasons, without precedent and prejudice and issued
within 15 days.
In this case, the grievances assert that the grievor was denied overtime at the institution on April
25 and May 10, 2005 and on other instances when management failed to approve outside
requests for Correctional Officers to provide overtime for bailiff duties.
Having heard the submissions of the parties, I am satisfied that there were errors in the
application of the Overtime Protocol on April 25 and May 10,2005, as acknowledged by the
Employer. With respect to the approval of overtime for bailiff runs, I am satisfied that those
decisions were made in a manner that was consistent with the terms of the collective agreement
The grievance is allowed in part and the Employer is ordered to pay the grievor twenty-four
hours at the applicable overtime rate of pay with respect to the denial of overtime on April 25
and May 10,2005. The remaining grievances are dismissed.
~Da~ed at Toror;to this 22nd day of October 2007
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Reva Devins
Vice-Chair