HomeMy WebLinkAbout2007-2942.Lachance.09-06-15 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
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GSB#2007-2942
UNION#2007-0617-0021
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lachance)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREBarry Stephens Vice-Chair
FOR THE UNIONAnastasios Zafiriadis, Frank Inglis &
Greg McVeigh
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Karen Martin & Brian Scott
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARINGJune 12, 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 a claim for four hours of overtime on November 16,
2007. The grievor alleges that an employee left the workplace during the shift and that
an unclassified employee working overtime filled a shift from 1900 to 2300. The
employer responds that HPRO indicates that the employee did not leave the workplace,
and that the only unclassified employee who worked overtime that day worked from
0300 to 0700. The employer also argues that, at the time HPRO did not recognize shift
extensions as overtime opportunities.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
th
Dated at Toronto this 15 day of June 2009.
Barry Stephens, Vice-Chair