HomeMy WebLinkAbout2009-0898.Wilson et al.09-11-16 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#2009-0898
UNION#2009-0164-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Wilson et al)
Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFOREVice-Chair
Gerry Lee
FOR THE UNION
Jean Chaykowsky
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Mark Wagner
Liquor Control Board of Ontario
Human Resources Manager
HEARING
August 28, 2009.
- 2 -
Decision
[1]The parties referred the above captioned grievance to mediation/arbitration in accordance
with Article 22.11 and Appendix 2 of the Collective Agreement. The grievors in this
matter allege that the employer violated article 6 of the collective agreement by not
asking them to work overtime on March 25, 2009.
[2] The Grievor?s in this matter claim that they should have been asked by the employer to
work overtime form midnight to 4am on March 25, 2009, before temporary agency
workers were asked to work such overtime.
[3} The Employer?s position in this matter is that the Grievors are not entitled to work
overtime on the day in question as they normally work day shift and the overtime work in
question was an extension of the night shift. The Employer further stated that their
methodology in distributing overtime in this manner is consistent with the collective
agreement and has been in place for many years.
[4] At the outset of the hearing, the parties agreed that I had jurisdiction to deal with this
matter and they requested that I issue a ?without precedent? decision with no reasons.
[5] Having carefully reviewed the submissions of the parties, I have concluded that there is
no violation of the collective agreement. Accordingly, the grievance is dismissed.
th
Dated at Toronto this 16 day of November 2009.
Gerry Lee, Vice-Chair