HomeMy WebLinkAbout2009-0583.Rimos.10-03-30 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement Board
des employés de la
Couronne
Suite 600 Bureau 600
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Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2009-0583
UNION#2009-0582-0065
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rimos)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Anastasios Zafiriadis, Frank Inglis
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Karen Martin, Bart Nowak
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARINGNovember 24, 2009.
- 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 in this case relates to a claim for overtime on April 9, 2009. The employer
responds that the post in issue was not filled and that there is no requirement for the employer
to fill the post or create an overtime opportunity for the grievor.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
th
Dated at Toronto this 30 day of March 2010.
Barry Stephens, Vice-Chair