HomeMy WebLinkAbout2006-0248.Dales.07-12-21 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# 2006-0248, 2006-2729
UNION# 2006-0234-0111,2006-0234-0389
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
(Dales)
- 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
Gary Wylie and Faith Crocker
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
December 5, 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
2006-0234-0111 - Overtime Grievance re March 14,2006
Mr. Dales has filed two grievances, In the first he claims overtime for a D7 shift on March 14,
2006, A D7 overtime shift was available that day, The person on the list prior to Mr. Dales was
offered the shift by way of voice mail, but that call was not returned, It appears that the shift was
not covered and this was not apparent until shortly before the shift was to start the next morning,
Another employee was asked to stay over another hour and the remainder was filled as a D8
shift, but Mr. Dales had not indicated availability for the D8 shift. The union argues that, but for
the error in filling the shift, Mr. Dales would have worked the overtime, The employer responds
that no D7 overtime shift was available and there was no violation of the overtime protocol.
3
Decision
The grievor is awarded compensation of nine (9) hours pay at straight time,
2006-0234-0389 - Grievance Re Voting Time
On November 13, 2006 the grievor was expecting to be relieved in order to leave to vote in
municipal elections, At approximately 1700 an announcement was made that all those who had
not been relieved were to call the HSO office, The grievor called the office, and was given the
direction to go home without relief. The grievor decided not to do so, due to the staffing
requirements on his unit. At approximately 1755 he was again instructed to leave, After
discussing the matter with his co-workers, the grievor left at approximately 1815, The grievor
seeks an order for a proper plan to be implemented for future elections to ensure proper relief, as
well as $2500,00 tax free, The employer responds that it will engage in a review of its election
relief policies to seek improvements, but asserts there was no violation of the collective
agreement in this case,
Decision
The grievance is dismissed,
Dated at Toronto, this 21st day of December, 2007,
Barry