HomeMy WebLinkAbout2008-1563.Siguenza et al.09-01-30 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
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2008-0248-0050, 2008-0248-0056, 2008-0248-0057
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Siguenza et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Brian Keller Vice-Chair
FOR THE UNIONScott Andrews
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Greg Gledhill
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
December 16, 2008.
2
Decision
[1] This award is made pursuant to the Med-Arb Protocol between the parties. On July 6,
2008, overtime was allocated to full-time classified correctional officers. Each of the
grievors is a fixed-term, unclassified correctional officer. Each had worked only 32
hours for the week in question. Each is claiming they should have been offered the
available work to bring them up to 40 hours in that week period.
[2] The parties are governed by a Provincial Overtime Protocol. The only relevant provision
reads as follows:
?To the extent possible, overtime opportunities will only be offered once the
non-overtime classified and non-overtime unclassified resources have been
exhausted?.
[3] In the instant case, the non-overtime unclassified resources were not exhausted. Yet
classified employees were given the hours as overtime. I note that the difficulties that the
employer suggested that might have precluded giving the hours to the unclassified
employees have since been resolved and the issue is therefore moot for the future. This
resolution for the future suggests it would have been possible to give the hours to the
grievors. Accordingly, each grievor is to be given eight hours pay as straight time and
each is to have one week counted towards their Continuous Service Date.
th
Dated at Toronto this 30 day of January 2009.
Brian Keller, Vice-Chair