HomeMy WebLinkAbout2009-0423.Pratt.10-02-08 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement 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#2009-0423
UNION#2009-0108-0031
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pratt)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNION
Laura Josephson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Karen Martin
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARINGJanuary 25, 2010.
- 2 -
Decision
[1]The Employer and the Union at the Elgin Middlesex Detention 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. Anne Pratt is a Correctional Officer who has grieved that on February 20, 2009 the
Employer violated the HPRO regarding overtime when it did not ask her to work
overtime between the hours of 1900 and 2300.
[3]Ms. Pratt was scheduled to work from 0700 to 1900 on February 20, 2009. She had
indicated that she was available to work overtime on the OB shift which is 1900 to 2300.
[4]Mr. Brydges had worked from 0700 to 1500 but he had also indicated his availability to
work overtime on February 20, 2009 on the O1 shift which is the 1500 to 1900 shift as
well as the OA shift which is 1500 to 2300.
[5]The grievor stated that it is often the case that the hours between 1500 and 2300 are
parsed into two shifts. She took the position that she should have been offered the
overtime for the OB shift while Mr. Brydges could have worked the O1 shift.
[6]I am of the view that there has been no violation of the Collective Agreement or HPRO.
The Employer can determine the length and timing of a shift for which overtime is
needed. According to the documents provided by the Employer, it determined overtime
was required for the OA shift and they offered that work to another CO first but
ultimately it is offered and accepted by Mr. Brydges. Both of those officers had indicated
a willingness to work the OA shift on the day in question. The Employer?s actions were
appropriate.
- 3 -
[7]Grievance denied.
th
Dated at Toronto this 8 day of February 2010.
Felicity D. Briggs, Vice-Chair