HomeMy WebLinkAbout2005-2323.Perry.08-04-15 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2005-2323
UNION# 2005-0603-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Perry)
Union
- and -
The Crown in Right of Ontario
(Ministry of Natural Resources)
Employer
BEFOREVice-Chair
Janice Johnston
FOR THE UNION Mark Barclay
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Felix Lau
Counsel
Ministry of Government and Consumer
Services
HEARING
April 14, 2008.
2
Decision
At the hearing scheduled to deal with this matter, it was agreed that we would proceed
pursuant to the expedited process set out in Article 22.16 of the collective agreement. It was
agreed that I would issue brief reasons for my decision and that this decision shall have no
precedential value.
The grievor, Lisa Perry is employed as a Senior Crew Member in the Sault Ste Marie Fire
Management area. On May 18, 2005 she filed a grievance claiming ?that the Ministry has
improperly assigned work and denied me the opportunity of overtime on or about April 13 and
April 15, 2005".
It is the position of the Ministry that the grievor was not assigned to work overtime as she
did not have her prefit certification as required by the Memorandum of Understanding dealing
with this issue dated March 2001.
The grievor questions the fact that two individuals, Dan White and Lee Bowen were
assigned overtime that she feels should have been offered to her.
The Ministry did not assign the overtime worked by Dan White to the grievor as the work
he performed required specific certification which she did not possess. The work performed by
Lee Bowen was part of his regular duties. At no time did Mr White or Mr Bowen perform fire
fighting duties on April 13 or 15, 2005.
Accordingly, based on the above I am satisfied that there has been no breach of the
collective agreement and the grievance is hereby dismissed.
th
Dated at Toronto this 15 day of April, 2008.
Janice Johnston
Vice-Chair