HomeMy WebLinkAbout2007-1115.Scott.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
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# 2007-1115
UNION# 2007-0234-0114
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
(Scott)
- 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
The grievor signed up for the N19 overtime shift on February 10, 2007, Although she was
available for the shift, another employee, who was a "late entry" on the overtime system, was
offered the shift ahead of the grievor. The union grieves that the grievor should have been called
in, and that the employer is unable to produce the documentation with respect to the overtime
assignments, as required by the overtime protocol. The employer takes the position that the shift
was offered to the other employee as it required someone with special training to work central
control, which training the grievor did not have, The circumstances were clouded by the fact that
the computer system went down on this day, and the employer was required to work from
backup information, The normal documentation for overtime assignment was not available for
revl ew,
3
DECISION
The grievor is awarded compensation of nine (9) hours at straight time,
Dated at Toronto, this 21st day of December, 2007,
Barry