HomeMy WebLinkAbout2007-1675.Allin.10-03-18 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
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GSB#2007-1675
UNION#2007-0368-0122
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Allin)
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 that he was improperly passed over for the night shift on July 27,
2007. The grievor produced evidence that he had indicated his availability for the shift, albeit as
a late entry. The employer?s records indicate that the employer made attempts to hire for the
shift, including contacting at least one late entry employee who was below the grievor on the
availability list. In the end, the employer did not fill the shift. The employer could not explain
why it was that the grievor had registered his availability for the shift, and yet his name was not
on the employer?s list and he was not called.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievor should be awarded 6 hours overtime, i.e. 9 hours at straight time.
th
Dated at Toronto this 18 day of March 2010.
Barry Stephens, Vice-Chair