HomeMy WebLinkAbout2018-1273.Johnston.19-01-25 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# 2018-1273
UNION# 2018-0368-0146
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Johnston) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Brian P. Sheehan
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sia Romanidis
Treasury Board Secretariat
Employee Relations Advisor
HEARING January 10, 2019
-2-
DECISION
[1] The Employer and the Union at the Central East Correctional Centre agreed to
participate in the Expedited Mediation/Arbitration process in accordance with the
negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say,
that the parties have agreed to a True Mediation/Arbitration process wherein each party
provides the Arbitrator with their submissions setting out the facts and the authorities
they respectively will rely upon. This decision is issued in accordance with the Protocol
and with Article 22.16 of the collective agreement; and it is without prejudice or
precedent.
[2] The facts in this matter are straightforward and not in dispute.
[3] Liz Johnston (the “grievor”) is employed as a Records Clerk at the Central East
Correctional Centre.
[4] The grievance asserts that the grievor was “bypassed” with respect to an
opportunity to work overtime on two dates: May 11 and May 16, 2018. The parties were
able to resolve the dispute regarding the overtime claim for May 16, 2018.
[5] As to the overtime opportunity on May 11, 2018, upon reviewing the relevant
information, it is my determination that the Employer did not improperly bypass the
grievor with respect to that overtime opportunity. In endeavouring to equalize overtime
opportunities, the Employer properly considered an extra shift that the grievor accepted
and then cancelled during the relevant time period as an overtime opportunity in her
favour.
-3-
[6] In light of the above reasoning, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 25th day of January, 2019.
“Brian P. Sheehan”
______________________
Brian P. Sheehan, Arbitrator