HomeMy WebLinkAbout2008-0898.Gilham et al.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#2008-0898, 2008-0899, 2008-1075, 2008-1076, 2008-1599
UNION#2008-0119-0002, 2008-0119-0003, 2008-0119-0009, 2008-0119-0010, 2008-0119-0018
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gilham et al)
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 grievances in this case relate to an alleged missed overtime opportunity on Good
Friday, March 21, 2008. The union alleges that there was a hospital escort on the day
that could have been staffed by CO?s but the employer used a nurse and an acting OM16
to conduct the escort. The employer responds that the escort was urgent, in that an
inmate required treatment. A doctor advised the nurse at 11:10 a.m. that the inmate
required treatment, and that she should report to the hospital with the inmate. The nurse
advised the on-duty manager, who began to make calls to find employees to conduct the
escort. At 11:30 a.m. the nurse contacted the manager and advised the appointment was
set and they had to proceed to the hospital immediately. The manager had not received
any callbacks for the escort duty. At 11:40 the nurse called the manager again, and at
that point the decision was made to assign the work without waiting for callbacks. Thus,
the assignment was required on an emergency basis and there would not be a violation of
the overtime protocol. Moreover, the employer points out that March 21 was a statutory
holiday, and the overtime provisions in the collective agreement do not apply to statutory
holidays.
3
[3]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