HomeMy WebLinkAbout2008-2421.Guthrie.09-11-17 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#2008-2421
UNION#2007-0368-0207
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
(Guthrie)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREFelicity D. Briggs Vice-Chair
FOR THE UNIONAnastasios Zafiriadis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERBrian Scott
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]Ms. Kathy Guthrie worked at CECC in the kitchen as a Food Services Helper. She
grieved that she was entitled to five overtime shifts that were scheduled and worked by
unclassified employees at the end of March and early April of 2007. By way of remedy
she wanted thirty one hours paid at overtime rates.
[3]The Employer provided documentation that revealed the shifts at issue were given to
unclassified employees. These shifts were not paid at overtime rates because the
unclassified employees assigned had not worked forty hours. Accordingly, in the
absence of a breach of the collective agreement it was urged that the grievance should be
dismissed.
[4]After consideration I must agree with the Employer and accordingly the grievance is
denied.
th
Dated at Toronto this 17 day of November 2009.
Felicity D. Briggs, Vice-Chair