HomeMy WebLinkAbout2009-0696.Hindman.10-03-22 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#2009-0696
UNION#2009-0368-0050
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hindman)
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 should have been called in to work overtime on April 9, 2009.
The work in question involved a repair to the television cable on one of the units. The employer
issued a work order or ?ticket? for this work late on the afternoon of Thursday, April 8. The
grievor was unable to get to the work prior to the end of the shift. The next day, April 9, was
Good Friday. One of the OM16?s on duty that day made a repair to the television cable in
question. The grievor alleges he should have been called in to work overtime that weekend. The
employer responds that the repair work performed by the OM16 was only a temporary fix,
undertaken in order to avoid tension in the unit in the absence of television service. The work
?ticket? remained open, and the grievor performed a proper repair on his return to work. The
employer also points out that the day in question was a paid holiday and the overtime provisions
of the collective agreement do not apply.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
- 3 -
nd
Dated at Toronto this 22 day of March 2010.
Barry Stephens, Vice-Chair