HomeMy WebLinkAbout2008-3523.Rondeau.09-10-27 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#2008-3523
UNION#2009-0411-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rondeau)Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNION
Frank Inglis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Bart Nowak
Ministry of Community Safety and
Correctional Services
Employee Relations Advisor
HEARINGOctober 7, 2009.
- 2 -
Decision
[1]Ms. Rondeau, a correctional officer at Ottawa Carleton Detention Centre, grieved on
January 31, 2009, that the employer wrongly distributed overtime on January the 18, 2009,
and failed to follow the HPRO 3 protocol. The shift was given to another CO as overtime,
when she had not received her 40 hours as an unclassified CO. The employer denied that it
had violated the collective agreement and noted that this occurred before the recent change
to the collective agreement.
[2]The parties referred this grievance to mediation/arbitration in accordance with Article
22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had
the jurisdiction to deal with this matter. They asked that I issue a decision without
precedent or prejudice, and without written reasons in accord with the provisions for
expedited hearings under Article 22.16.
[3]Having carefully considered the submissions of the parties, as well as the jurisprudence of
the Board, I find that there has been no violation of the collective agreement and I hereby
deny this grievance.
th
Dated at Toronto this 27 day of October 2009.
Deborah J.D. Leighton, Vice-Chair