HomeMy WebLinkAbout2009-0837.Heigh.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
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GSB#2009-0837
UNION#2009-0368-0072
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Heigh)
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 grievance relates to an overtime claim for the movement of laundry, which is alleged
to be a duty normally performed by warehouse clerks. The laundry in question was moved on
the weekend of May 2 and 3, 2009, by cleaners working overtime on one night, and by CO?s on
the other night. The employer states that no employees were hired on overtime to perform the
work, and that moving the laundry is not the exclusive duty of the warehouse clerks.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
nd
Dated at Toronto this 22 day of March 2010.
Barry Stephens, Vice-Chair