HomeMy WebLinkAbout2009-0424.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#2009-0424
UNION#2009-0108-0032
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 filed a grievance that alleged on April 1, 2009 there was a vacancy
created by the absence of a Correctional Officer. There is no dispute between the parties
that there was a Correctional Officer shift that became open. The Employer?s position
was that it has the right to determine whether to assign work and in this case it decided it
was not necessary. The grievor contended that because she had indicated an availability
to work overtime on that particular shift, the Employer was obliged to offer her the work.
[3]I disagree. The overtime protocol is predicated on ?once the decision has been made to
hire overtime?. In this instance the Employer decided not to hire anyone on overtime and
that is its right.
[4]Grievance denied.
th
Dated at Toronto this 8 day of February 2010.
Felicity D. Briggs, Vice-Chair