HomeMy WebLinkAbout2008-2782.Cook.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#2008-2782
UNION#2008-0368-0129
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
Union
(Cook)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREFelicity D. Briggs Vice-Chair
FOR THE UNIONFrank Inglis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERGary Wylie
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARING
October 22, 2009.
- 2 -
Decision
[1]The Employer and the Union at the Central East Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. Most of the grievances were settled through that process. However, a few
remained unresolved and therefore require a decision from this Board. The Protocol
provides that decisions will be issued within a relatively short period of time after the
actual mediation sessions and will be without reasons. Further, the decision is to be
without prejudice and precedent.
[2]Tim Cook works as a Cook 3 in the Kitchen at CECC. He filed a grievance that alleged
the Employer violated various provisions of the collective agreement including
Management?s Rights when it failed to assign a classified Cook 3 to work a shift that
needed to be backfilled. It was Mr. Cook?s view that the Employer can only assign this
backfill work as overtime to a classified Cook 3 or, in the event that no classified Cook
3?s are willing to work the shift, to a classified Cook 2.
[3]The Employer argues that it has the right to assign this as it sees fit including assigning of
the work to unclassified employees.
[4]After consideration, the grievance is dismissed. I can find nothing in the Collective
Agreement or any other document that restricts the scheduling of overtime work to
classified employees. In this instance, the Employer scheduled the overtime
appropriately.
th
Dated at Toronto this 16 day of November 2009.
Felicity D. Briggs, Vice-Chair