HomeMy WebLinkAbout2005-3408.Dixon.09-07-21 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#2005-3408, 2006-2900, 2007-0931, 2007-1108, 2007-2908
UNION#2006-0521-0003, 2007-0521-0009, 2007-0521-0013, 2007-0521-0021, 2007-0521-0030
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dixon)
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 EMPLOYERGary Wylie and Sean Milloy
Ministry of Community Safety and
Correctional Services
Staff Relations Officers
HEARING
April 1, 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 grievor has filed five grievances. The first three can be considered together.
1.2005-3408, 2007-0931, 2007-1108
These three grievances are based on the early termination of temporary assignments. The
grievor alleges she should be compensated for hours of work that she did not work when
the temporary assignments were ended. The employer responds that a temporary
assignment does not provide a guarantee of hours, any more than a permanent
assignment.
2.2006-2900
The grievor provided no particulars to support this grievance and it is dismissed.
3.2007-2908
On May 19, 2007 the grievor was on a day off.There was work for a cook?s helper from
0600 to 1300. The shift was assigned to another employee as overtime. The grievor
asserts she should have been called in to work the shift at straight time. The employer
responds that there was no requirement to offer the shift to the grievor before assigning
- 3 -
another employee to work overtime, and that such a decision is a matter of management
discretion. The grievance is upheld in part and the grievor is awarded six hours pay.
st
Dated at Toronto this 21 day of July 2009.
Barry Stephens, Vice-Chair