HomeMy WebLinkAbout2006-2183.Mottram.10-03-18 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement Board
des employés de la
Couronne
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GSB#2006-2183
UNION#2006-0368-0183
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mottram)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Scott Andrews, Frank Inglis
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie, Laura McCready, Bart Nowak
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARINGMarch 4, 2010.
- 2 -
Decision
[1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have
agreed to a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair
with submissions, which include the facts and authorities each relies upon. This decision
is issued in accordance with the Protocol and with Article 22.16 of the collective
agreement, and is without prejudice or precedent.
[2]The grievor alleges he was improperly denied overtime under the overtime protocol in
existence at the time of his grievance. The protocol clearly indicated that if an employee
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failed to submit availability by the 20 of the month, he or she would not be eligible for
overtime in the following month. The grievor had failed to submit his availability on
time for November 2006.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
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Dated at Toronto this 18 day of March 2010.
Barry Stephens, Vice-Chair