HomeMy WebLinkAbout2009-0658.Marshall.09-12-18 Decision
Commission de Commission de
Crown Employeess
Grievance Settlement Grievance Settlement
règlement des griefs règlement des griefs
BoardBoard
des employés de la des employés de la
Couronne Couronne
Suite 600 Suite 600 Bureau 600 Bureau 600
180 Dundas St. West 180 Dundas St. West 180, rue Dundas Ouest 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388 Tél. : (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Fax (416) 326-1396 Téléc. : (416) 326-1396 Téléc. : (416) 326-1396
GSB#2009-0658 GSB#2009-0658
UNION#2009-0234-0067UNION#2009-0234-0067
IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION
UUnnddeerr
THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT
BBeeffoorree
THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD
BETWEENBETWEEN
Ontario Public Service Employees Union
(Marshall)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Anastasios Zafiriadis
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Bart Nowak
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGDecember 8, 2009.
-2-
Decision
[1]The Employer and the Union at the Maplehurst 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]Mr. Paul Marshall is a Correctional Officer 2 at Maplehurst. In May of 2009, he filed a
grievance that alleged the Employer violated the Collective Agreement and the HPRO
agreement by failed to offer him certain overtime work.
[3]The facts were not in dispute. Mr. Marshall made it known that he was willing to work
overtime for the shift at issue. Further, he was the next in line for overtime work given
his number of hours worked. However, the work needed to be done was to perform the
duties of a Bailiff. According to the grievor, he should have been given the work.
[4]The Employer disagreed. It was contended that while the grievor has the license to drive
a bus, he has not undertaken the additional training that is required to work as a Bailiff.
That lack of training means that he was not eligible for that overtime work.
[5]I agree with the Employer in this matter and accordingly the grievance is denied.
th
Dated at Toronto this 18 day of December 2009.
Felicity D. Briggs, Vice-Chair