HomeMy WebLinkAbout2018-0066.Richards.18-11-21 DecisionCrown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2018-0066
UNION# 2018-5112-0025
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Richards) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Treasury Board Secretariat
Employee Relations Advisor
HEARING November 20, 2018
-2-
DECISION
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of
the grievances are normally settled pursuant to that process. However, if a
grievance remains unresolved the protocol provides that an Arbitrator of the
Board, based on the evidence provided during the mediation session, will
immediately decide the grievance. The decision will be without reasons, without
precedent and prejudice and will be issued within fifteen working days of the
mediation unless the parties agree otherwise.
[2] On November 19 and 20, 2018 the parties at the Toronto South Detention Centre
agreed to participate in the Expedited Mediation-Arbitration process in
accordance with the negotiated protocol.
[3] The Grievor was scheduled to work a 12 hour shift commencing on January 28,
2018 and ending on January 29, 2018. He and his partner were assigned
supervision of an inmate at a hospital. They were not relieved until several hours
after the end of their shift with the result that they ended up working 18 hours.
While he was paid overtime for the additional hours worked, the Griever did not
want to work the additional hours as it was his daughter’s birthday and there was
to have been a celebration later that day. The long day worked by the Grievor
meant he was unable to attend and the event had to be rescheduled.
[4] The grievance alleges the Employer’s actions breached the collective agreement
in that overtime is to be voluntary (unless an emergency had been declared) and
further breached a Protocol limiting the number of consecutive hours of work to
16 hours. The Grievor seeks damages.
-3-
[5] I find the Employer’s actions breached the collective agreement and issue a
declaration to that effect. While the impact on the Grievor’s personal life is
unfortunate, this is not a case for damages.
Dated at Toronto, Ontario this 21st day of November, 2018.
“Ian Anderson”
______________________
Ian Anderson, Arbitrator