HomeMy WebLinkAbout2008-1598.Pierce.09-04-23 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#2008-1598, 2008-1600, 2008-1602
UNION#2008-0119-0019, 2008-0119-0017, 2008-0119-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pierce/Koster/Snider)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Anastasios Zafiriadis
Ontario Public Service Appeal Boards
Grievance Officer
FOR THE EMPLOYER
Greg Gledhill
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
CONFERENCE CALLFebruary 23, 2009.
2
Decision
[1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that 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. This decision
is issued in accordance with the Protocol and with Article 22.16 of the collective
agreement, and is without prejudice or precedent.
[2]The grievance in this case relates to an escort that occurred on May 1, 2008. The
Stratford Jail was asked to assist the Walkerton Jail with an escort to Goderich Hospital.
The escort was scheduled from 0700 to 1900. Three employees were assigned to the
escort. One was an employee on a regular day off who was working overtime, another
was an employee who was not on overtime, and the third was hired to drive the vehicle.
The employees reported to the institution at 0600 in order to ensure they had enough time
to pick up their vehicles and equipment and drive to Walkerton. As it turned out, the first
driver found it necessary to return to Stratford for 1600. Another employee was assigned
to drive to the hospital, and bring back the two remaining employees. The three
employees returned at 2035, and the employees were paid until 2100.
[3]The grievors allege that the escort assignments were a violation of the overtime protocol.
They argue that the protocol required the employer to hire qualified employees on shift to
perform the escort, and then to call in CO?s to backfill the re-assigned employees.
3
Further, the grievors assert that at least one employee, the first driver, was not qualified to
perform escorts.
[4]The employer responds that the employees dispatched on the escort were required to
report at 0600. Mr. Pierce was on accommodation to straight days, and the start time, as
well as the eventual return time, were outside of the regular day shift hours. Mr. Snider
was on shift from 0700 to 1900. He was not available to work overtime as the escort
started prior to and overlapped with his previously scheduled shift. He was not available
for the two hours after his shift, as the arrangements for a second driver had already been
made, and the escort was on its way back. Mr. Koster was not eligible, the employer
asserts, as he did not sign up for overtime.
[5]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievances should be dismissed.
rd
Dated at Toronto this 23 day of April 2009.
Barry Stephens, Vice-Chair